Doe Ex Dem. Barbarie v. Eslava
Supreme Court of the United States
This case was brought up from the Supreme Court of Alabama, by a writ of error issued under the twenty-fifth section of the Judiciary Act. It was an ejectment brought, in April, 1838, in. the Circuit Court for Mobile County and State of Alabama, by the heirs of Robert Farmer against Miguel D. Eslava, the Mayor and Aldermen of the city of Mobile, and Joseph Clemens.
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This case was brought up from the Supreme Court of Alabama, by a writ of error issued under the twenty-fifth section of the Judiciary Act. It was an ejectment brought, in April, 1838, in. the Circuit Court for Mobile County and State of Alabama, by the heirs of Robert Farmer against Miguel D. Eslava, the Mayor and Aldermen of the city of Mobile, and Joseph Clemens. Eslava afterwards obtained leave to sever in his plea, and thenceforward this suit was carried on against him alone. The action was brought to' recover the following lot of ground in the city of Mobile, viz.: — “Beginning at a post…
1Opinion of the CourtJustice Woodbury
This was a writ of error on a judgment rendered in the Supreme Court of Alabama.
Our jurisdiction to revise such a judgment is very strictly limited to cases where .some right or title was set up by a party under the general government, — its constitution, treaties, or laws, — and was overruled. It is this Federal character of the claim decided against which furnishes some justification for a .revision of -a State judgment in a Federal court; and unless it be clearly of that character, the foundation as well as the policy for our interference entirely fails.
So we are confined in our inquiries…
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