McTyer v. McDowell
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the lion. C. “VV. Napier. This action was brought by Thomas C. McDowell, against Robert A. McTyer, to recover a tract of land containing two hundred and forty acres, which is described in the complaint as “the south-west quarter, and the west half of the north-west quarter, of section thirty-two (32), in township ten (10), range twenty-nine (29), in the district of lands subject to sale at Montgomery.”
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Appeal from the Circuit Court of Barbour. Tried before the lion. C. “VV. Napier. This action was brought by Thomas C. McDowell, against Robert A. McTyer, to recover a tract of land containing two hundred and forty acres, which is described in the complaint as “the south-west quarter, and the west half of the north-west quarter, of section thirty-two (32), in township ten (10), range twenty-nine (29), in the district of lands subject to sale at Montgomery.” The evidence adduced on the trial, and the rulings of the court thereon, are thus stated in the bill of exceptions. “The plaintiff…
1Opinion of the CourtStone, J.
It may be conceded, for the purposes of this opinion, that a patent which issues for lands which are reserved from sale, is void, and may be so declared in a proper case, either in chancery or at law. — See Stephens v. Westwood, 20 Ala. 275-8; Ladiga v. Rowland, 2 How. Sup. Ct. U. S. 581; Crommelin v. Minter, 9 Ala. 594; Saltmarsh v. Crommelin, 24 Ala. 347; Stoddard v. Cham*45bers, 2 How. U. S. 317; Hit-tuk-ho-mi v. Watts, 7 Sm. & Mar. 363-6; Gonzalees v. Hoover, 6 Serg. & R. 118; Gingrish v. Foltz, 19 Penn. 38, 41; Wright v. Rutgers, 14 Missouri, 585.
The land in controversy in this suit was…
2Cases cited22 opinions
- Martin v. MottSupreme Court of the United States · 1827
- Vanderheyden v. YoungNew York Supreme Court · 1814
- United States v. FitzgeraldSupreme Court of the United States · 1841
- Crommelin v. MinterSupreme Court of Alabama · 1846
- Stuyvesant v. SameNew York Supreme Court · 1827
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3Cited by2 opinions
- Baker v. BarcliftSupreme Court of Alabama · 1884
- Kellom v. EasleyU.S. Circuit Court for the District of Nebraska · 1870