Brannan v. Henry
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Mary Henry against L. I. Brannan. Judgment for plaintiff and defendant appeals. See also 142 Ala. 698; 89 South. 92; 110 Am. St. Rep. 55. The Act 'of April 4, 1911, is unconstitutional, because violative of section 45 of the Constitution of 1901, as well as section 95, Constitution 1901. — M. J. & K. C. v. Turnipseed, 219 IT.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Mary Henry against L. I. Brannan. Judgment for plaintiff and defendant appeals. See also 142 Ala. 698; 89 South. 92; 110 Am. St. Rep. 55. The Act 'of April 4, 1911, is unconstitutional, because violative of section 45 of the Constitution of 1901, as well as section 95, Constitution 1901. — M. J. & K. C. v. Turnipseed, 219 IT. S. 35. The Act of February, 1879 was also unconstitution a]. — Mobile D. D. Go. v. Mobile, 146 Ala. 198; Favors v. Glass, 22 Ala. 621. The contrary has been held in McClure Lumber Go. v.…
1Opinion of the CourtSayre, J.
In this case the appellee recovered judgment against the appellant in statutory ejectment for a quarter section of what was proved to have been swamp and overflowed lands conveyed by the government of the United States to the state- of Alabama. Plaintiff claimed under the state. The defendant relied upon title acquired by an adverse possession for 10 years. Plaintiff put in evidence a patent purporting to have been issued by the state -on January 2, 1872, to Thomas Henry, who is described therein as assignee of W. D. Mann, and a certified copy of the probated will of *458Thomas Henry devising to…
2Cases cited17 opinions
- State v. StreetSupreme Court of Alabama · 1897
- Toole v. StateSupreme Court of Alabama · 1910
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Nelson v. BrownSupreme Court of Alabama · 1910
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Grambs v. City of BirminghamSupreme Court of Alabama · 1919
- Grand International Brotherhood of Locomotive Engineers v. GreenSupreme Court of Alabama · 1923
- Yelton v. PlantzIndiana Supreme Court · 1948
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- Williams v. LyonSupreme Court of Alabama · 1913
17 more not listed; retrieve them via the Exa API.