Legal Opinion

Woodstock Iron Co. v. Roberts

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 38 opinions

Aureal from the Circuit Court of Calhoun. Tried before the Hon. John B. Tally. This action was brought by Marshall Alexander (nowKoberts) against the Woodstock Iron Company, and the Anniston City Land Company, private corporations, to recover the possession of a large tract of land containing more than eight hundred acres; and was commenced on the 13th of May, 1887. The plaintiff Avas the only child and heir of Marshall J. Alexander, who died on the 12th of September, 1862,…

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Aureal from the Circuit Court of Calhoun. Tried before the Hon. John B. Tally. This action was brought by Marshall Alexander (nowKoberts) against the Woodstock Iron Company, and the Anniston City Land Company, private corporations, to recover the possession of a large tract of land containing more than eight hundred acres; and was commenced on the 13th of May, 1887. The plaintiff Avas the only child and heir of Marshall J. Alexander, who died on the 12th of September, 1862, and she claimed the land in that capacity; while the defendants claimed as sub-purchasers under persons Avho had bought…

1Opinion of the CourtClopton, J.

Transcripts of patents to portions of the land sued for, authenticated by the certificate of the “Acting Commissioner of the General Land Office,” were received in evidence, against the objection of defendant. The grounds of objection are, that an acting commissioner is not authorized by law to make such certificate, and that the absence of the original patents was not accounted for. The certificate itself does not appear in the record, and we must assume, in favor of the ruling of the court, that it was in due and proper form. Under the statute which declares that “the certificate of the…

2Cases cited15 opinions

  1. Harrison v. HeflinSupreme Court of Alabama · 1875
  2. Matthews v. McDadeSupreme Court of Alabama · 1882
  3. Walker v. CrawfordSupreme Court of Alabama · 1881
  4. Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
  5. Bell v. DensonSupreme Court of Alabama · 1876

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3Cited by38 opinions

  1. Oxford v. EstesSupreme Court of Alabama · 1934
  2. Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
  3. Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
  4. Semple v. GlennSupreme Court of Alabama · 1890
  5. Ashford v. McKeeSupreme Court of Alabama · 1913

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