Blackburn v. Baker
Supreme Court of Alabama
Error lo the Circuit Court of Tuscaloosa County. THIS action was trespass quart clausum fregit brought by the defendants in error, against the plaintiff in error, and another, who, on the first trial of the cause, was found not guilty. The cause being reversed and remanded, and coming on again to be tried, the plaintiffs below had judgment.
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Error lo the Circuit Court of Tuscaloosa County. THIS action was trespass quart clausum fregit brought by the defendants in error, against the plaintiff in error, and another, who, on the first trial of the cause, was found not guilty. The cause being reversed and remanded, and coming on again to be tried, the plaintiffs below had judgment. On the trial of the cause, a bill of exceptions was taken to the opinion of the court, from which it appears, that, it was in proof that the forty acre tract of land on which the alleged trespass was committed, viz : the northwest quarter of the northeast…
1Opinion of the CourtOrmond, J.
— The merits of the ease must depend on the construction to be put on the articles, of agreement between the plaintiffs below, which were offered in evidence to show their right to maintain this action jointly.
The first of these articles which was executed between the parties provides for the erection of a mill on the southeast quarter of the northwest quarter of section eight, township twenty, range nine, west; which it is said the copartners have purchased from the government of the United States, together with other stipulations not important to the present question.
The second of these…
2Cases cited1 opinion
- Clap v. DraperMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- Bell's Adm'r v. TroySupreme Court of Alabama · 1859
- Mhoon v. GreenfieldMississippi Supreme Court · 1876
- Cox, Brainard & Co. v. KeaheySupreme Court of Alabama · 1860
- Lindsay v. GriffinSupreme Court of Alabama · 1853
- Ready v. Mayor of TuskaloosaSupreme Court of Alabama · 1844
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