Legal Opinion

Hines v. Greenlee

Supreme Court of Alabama

Decided June 15, 1841PublishedCited by 7 opinions

Error to the Circuit Court of Greene county. THIS was an action of trespass to try titles, brought by the defendants in error against the plaintiff in error. The suit was originally commenced by three persons, one of whom, having died pending the suit, it was ordered that the suit survive in the name of the survivors.

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Error to the Circuit Court of Greene county. THIS was an action of trespass to try titles, brought by the defendants in error against the plaintiff in error. The suit was originally commenced by three persons, one of whom, having died pending the suit, it was ordered that the suit survive in the name of the survivors. The jury found a verdict for the plaintiffs for “ two undivided thirds of the lands in the declaration mentioned, and the sum of thirteen hundred and thirty-four dollars fifty cents damages, by reason of the detention of the premises, in the declaration mentioned,” upon which…

1Opinion of the CourtOrmond, J.

Without entering: on the- enquiry whether the constat or inspeximns of the King’s- grant is as high evidence as the original at common law, or (as insisted by Judge Johnson,) that such effect is given to it by the statutes of 4th Edward and 13th and 17th of Elizabeth1, we think the question, at least in this country, may be placed on clear and indisputable grounds.-

The law provides' that on certain acts being done, the- citizen shall acquire title to a portion- of the public lands, and that a patent therefor shall issue, which shall be recorded. The patent is not the title* but merely…

2Cited by7 opinions

  1. Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
  2. Stewart Bros. v. RansomSupreme Court of Alabama · 1920
  3. Chapman v. HoldingSupreme Court of Alabama · 1877
  4. Holmes v. StateSupreme Court of Alabama · 1895
  5. Robinson v. CahalanSupreme Court of Alabama · 1890

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