128 So. 608 | Ala. | 1930
The trial was had for conversion of timber and trespass in taking timber.
There was no error in permitting plaintiff's counsel to put his side of the case to the jury, within reasonable limitations, and to state what he expected the proof would show; not however to introduce immaterial and prejudicial matter before the jury. Rose v. Magro (Ala. Sup.)
There was no error in permitting the plaintiff to answer a preliminary question of whether or not her husband was dead. She was merely indicating that she claimed the land by way of a conveyance thereof from the husband (Sovereign Camp, W. O. W., v. Hoomes,
The plaintiff had testified that she owned or claimed no other lands in the county of St. Clair; that she regularly and yearly paid the taxes thereon. The receipts therefor offered in evidence were relevant. The effect of such evidence was for the jury. Shepherd v. Sartain,
Whether the tax receipts were material or not, they were made material. And after admission of the tax receipts for ten years or more, and to the date in question, the plaintiff introduced in evidence the certificate from Frank M. Morris, as tax assessor of said county, to the effect that the lands here in question, describing by government subdivision and numbers, were "not included in the assessments of Watt T. Brown for the years 1910, 1911 and 1912, as shown on the records in the tax office at Ashville, St. Clair County, Alabama." This fact may have been shown by deposition of the custodian of that tax record, and not by his mere certificate. The records are only prima facie evidence and not conclusive as to payment of taxes. Roman v. Lentz,
If there was error in admitting the certificate of the tax collector as to negative fact by plaintiff, this was not to the effect that the first ruling was without injury by reason of appellant showing the assessments in succeeding years. It was not of the same character of illegal evidence. Gibson v. Gaines,
We find no reversible error in the examination of the witness Daffron as to the measure of damages or market value of the heading timber at the time or immediately thereafter at the place of its severance, if any, or that of its place of sale, shipment for sale, or manufacture. Gowan v. Wisconsin-Alabama Lumber Co.,
The judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
ANDERSON, C. J., and SAYRE and BROWN, JJ., concur.