Fipps v. M'Gehee
Supreme Court of Alabama
In error to the Circuit Court of Benton county. On the twenty-sixth day of April, eighteen hun< tired and thirty-six, William M’Gehee and John EL Thomas, sued out their writ of trespass to try title against the plaintiff in error, to recover possession of the South-west quarter of section twenty-six, township fourteen, range eight, East, — of the Coosa land district, containing one hundred and sixty acres, more or less, lying in Benton county.
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In error to the Circuit Court of Benton county. On the twenty-sixth day of April, eighteen hun< tired and thirty-six, William M’Gehee and John EL Thomas, sued out their writ of trespass to try title against the plaintiff in error, to recover possession of the South-west quarter of section twenty-six, township fourteen, range eight, East, — of the Coosa land district, containing one hundred and sixty acres, more or less, lying in Benton county. On this writ, they declared at spring term, eighteen hundred and thirty-six, and to the declaration there was a plea of, “not guilty.” On the trial of…
1Opinion of the CourtGoldthwaite, J.
On the trial of-this cause, the defendants in error, offered the following evidence of title to support their action:
First, — A deed from Benjamin Marshall, James Islands, Oseolet Fixico and William M’Gilvery, dated, twenty-sixth of October, eighteen hundred *428and thirty-five, conveying to them, the land, the subject of controversy. This deed recites, that by virtue of the treaty of the twenty-fourth of March, eighteen hundred and thirty-two, twenty-nine sections of land, out of the country ceded, might be located, and patents for the same, should be issued to those persons, being Creeks, to…
2Cited by6 opinions
- Jacoway v. GaultSupreme Court of Arkansas · 1859
- Magee v. CarpenterSupreme Court of Alabama · 1842
- Edwards v. ThomSupreme Court of Florida · 1889
- Johnson v. McGeheeSupreme Court of Alabama · 1840
- Doe, ex dem. Tillman v. Long & FreemanSupreme Court of Alabama · 1856
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