Bates v. Herron
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. Robt. Dougherty. This action was brought by Allen Bates, against Edward M. Herron, to recover a tract of land in Barbour county, described in the complaint as “the south half of the south-east quarter of section 'twenty-eight, and the north half of the north-east quarter of section thirty-three, in township ten north, of range twenty-four east, in the district of lands subject to sale at Elba,” together with…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. Robt. Dougherty. This action was brought by Allen Bates, against Edward M. Herron, to recover a tract of land in Barbour county, described in the complaint as “the south half of the south-east quarter of section 'twenty-eight, and the north half of the north-east quarter of section thirty-three, in township ten north, of range twenty-four east, in the district of lands subject to sale at Elba,” together with damages for its detention. The plaintiff deduced title to the land under a patent from the Hnited 'States, dated December…
1Opinion of the CourtStone, J.
la this case, the plaintiff claims title under a patent issued to him by the general government, bearing date December 29th, 1855. The defendant’s title consists of a receipt by the receiver of the local land-office, bearing date October 10th, 1854, acknowledging full payment for the same lands from the said Edward M. Herron. It is thus manifest that, under the rule recognized in this court, the evidence of title offered by each party, unaffected and uncontrolled by the evidence of his adversary, is sufficient to either sustain or defeat an action of ejectment. — Code, § 2292; Falkner v.…
2Cases cited20 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
- Cunningham v. AshleySupreme Court of the United States · 1853
- Crommelin v. MinterSupreme Court of Alabama · 1846
- Long v. McDougald's Adm'rSupreme Court of Alabama · 1853
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3Cited by6 opinions
- Robinson v. CahalanSupreme Court of Alabama · 1890
- Case v. EdgeworthSupreme Court of Alabama · 1888
- Brue v. McMillanSupreme Court of Alabama · 1912
- Watson v. PrestwoodSupreme Court of Alabama · 1885
- Goolsbee's Administrator v. FordhamSupreme Court of Alabama · 1873
1 more not listed; retrieve them via the Exa API.