Legal Opinion

James v. Scott

Supreme Court of Alabama

Decided January 15, 1846PublishedCited by 5 opinions

Writ of Error to the Circuit Court of Macon. . This was an action of detinue, at the suit of the plaintiff in error, against the defendant, to recover three slaves, to wit: Arena, a woman; Maria, a girl; and Cyrus, a boy. The cause was tried on the plea of non detinet, a verdict was returned for the defendant, and judgment was rendered accordingly.

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Writ of Error to the Circuit Court of Macon. . This was an action of detinue, at the suit of the plaintiff in error, against the defendant, to recover three slaves, to wit: Arena, a woman; Maria, a girl; and Cyrus, a boy. The cause was tried on the plea of non detinet, a verdict was returned for the defendant, and judgment was rendered accordingly. From a bill of exceptions, sealed at the instance of the plaintiff, it appears that an agreement was made and entered into between the plaintiff and George Stiggins, which recites, that the latter was entitled by patent from the general government,…

1Opinion of the CourtCollier, C. J.

By the 1st section of the treaty negotiated with the Creek Nation of Indians, at Fort Jackson, in 1814, provision is made in favor of friendly chiefs and warriors, stipulating that each one embraced by it, “ shall be entitled to a reservation of land within the said territory, of one mile square, to include his improvements as near the centre thereof as may be, which shall inure to the said chief or warrior, and his descendants, so long as he or they shall continue to occupy the same, who shall be protected by, and subject to, the laws of the United States ; but upon the voluntary abandonment…

2Cited by5 opinions

  1. Bethea v. BetheaSupreme Court of Alabama · 1896
  2. Lyde v. TaylorSupreme Court of Alabama · 1850
  3. Tenison v. MartinSupreme Court of Alabama · 1848
  4. Corprew v. ArthurSupreme Court of Alabama · 1849
  5. James v. StigginsSupreme Court of Alabama · 1848

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