Legal Opinion

Swann & Billups v. Jenkins

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 1 opinion

Appeal from the Circuit Court of DeKalb. Tried before the Hon. James Aiken. This action was brought by John Swann and John A. Billups, trustees in a deed of trust executed in the name of the State of Alabama, on the 8th February, 1877, under the provisions of the act approved February 28d, 1876, known as the “ Debt Settlement Act,” against George W. Jenkins, to recover the possession of a tract of land, which was described as the north-east quarter of the south-west quarter…

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Appeal from the Circuit Court of DeKalb. Tried before the Hon. James Aiken. This action was brought by John Swann and John A. Billups, trustees in a deed of trust executed in the name of the State of Alabama, on the 8th February, 1877, under the provisions of the act approved February 28d, 1876, known as the “ Debt Settlement Act,” against George W. Jenkins, to recover the possession of a tract of land, which was described as the north-east quarter of the south-west quarter of section fifteen (15), township three (3) south, range ten (10) east; and was commenced on the 4th July, 1884. The…

1Opinion of the CourtSomeryille, J.

—The present suit involves a new phase of the act of Congress, approved June 3d, 1856, entitled “ An act granting public lands’, in alternate sections, to the State of Alabama, to aid in the construction of certain railroads in said State” (11 U. S. Stat. at Large, 17-18), a law which has been heretofore many times before this court for construction.— Ware v. Swann, 79 Ala. 330; Standifer v. Swann, 78 Ala. 88; Swann v. Lindsey, 70 Ala. 507. This act, which was afterwards revived and kept in force by the subsequent act of April 10, 1869 (16 U. S. Stat. at Large, 45), granted to the State of…

2Cases cited8 opinions

  1. United States v. PalmerSupreme Court of the United States · 1818
  2. Hadden v. CollectorSupreme Court of the United States · 1867
  3. Slidell v. GrandjeanSupreme Court of the United States · 1884
  4. Standifer v. SwannSupreme Court of Alabama · 1884
  5. Swann & Billups v. LindseySupreme Court of Alabama · 1881

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Anderson v. HowardCourt of Appeals for the Fifth Circuit · 1895

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