Holmes v. State

• Decision Date: 12 November 1895
• Citation: 18 So. 529,108 Ala. 24
• Parties: HOLMES v. STATE.
• Court: Alabama Supreme Court

18 So. 529

108 Ala. 24

HOLMES v. STATE.

Supreme Court of Alabama

November 12, 1895

Appeal from city court of Birmingham; W. W. Wilkerson, Judge.

This was a statutory action of ejectment brought by the state of Alabama against Mack Holmes and others to recover a certain tract of land, specifically described in the complaint. All of the defendants, with the exception of Mack Holmes, made default, and judgment was accordingly rendered against them. Defendant Holmes appeals. Affirmed.

The land sued for was selected by a duly-appointed agent of the state as school-indemnity lands, under the provisions of an act of congress, and the selection of these lands was approved by the department of the interior. The plaintiff introduced in evidence lists showing that the land sued for had been duly selected by the state agent appointed for that purpose. The only question reviewed on this appeal arose as follows: The defendant entered the lands in controversy as a homestead at the land office in Montgomery, Ala., in August 1891. The defendant offered in evidence certified copies of his application for entry, a certificate of entry, and the receipts issued to him for the money paid by him to the receiver. There were indorsements on these certificates and receipts showing that the entry had been canceled, which indorsements the defendant did not offer in evidence. In rebuttal the plaintiff introduced in evidence said indorsements, and also a letter from the commissioner of the general land office, addressed to the register and receiver at Montgomery, Ala., announcing that the entry made by the defendant had been canceled. There was but one certificate from the commissioner, giving copies of the defendant's entry and indorsements thereon, and the letter which showed the cancellation. The plaintiff introduced the whole transcript, giving the letter and indorsements on the back of Holmes' receipt. The defendant objected to the introduction, in evidence of these indorsements and letter and duly excepted to the court's overruling each of his objections. The cause was tried by the court without the intervention of a jury, and upon the hearing of all the evidence the court rendered judgment for the plaintiff. The defendant appeals, and assigns as error the rulings of the trial court upon the evidence, and the rendition of judgment for the plaintiff.

J. G Crews and Lea & Bell, for appellant.

John H Caldwell and Smith & Lowe, for the State.

HEAD J.

The duly-certified copy of the official letter of cancellation of the homestead entry of Mack Holmes, which was commuted to a cash entry, was, by the express terms of ...