Doe ex dem. Mims' Heirs v. Higgins
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. O. W. Bapieb. This action was brought by tbe heirs-at-iaw of Samuel Mims, deceased, against Benjamin Higgins, Stephen. Twelves, and others; was commenced on the ‘¿th April, 1851, and sought to recover a tract of land in the city of Mobile, whieb was described in tbe declaration as being “bounded east by Boyal street, south by State street, north by tbe Orange Grove tract, and west by St. Joseph’s street.”
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Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. O. W. Bapieb. This action was brought by tbe heirs-at-iaw of Samuel Mims, deceased, against Benjamin Higgins, Stephen. Twelves, and others; was commenced on the ‘¿th April, 1851, and sought to recover a tract of land in the city of Mobile, whieb was described in tbe declaration as being “bounded east by Boyal street, south by State street, north by tbe Orange Grove tract, and west by St. Joseph’s street.” The plaintiffs claimed the premises under a Spanish concession, dated the 12th August, 1796, to their ancestor, Samuel Mims;…
1Opinion of the CourtA. J. Walker, C. J.
The plaintiffs’ claim originally belonged to the class of incomplete Spanish concessions, which, after the acquisition of the territory by the United States, were addressed to the liberality and justice of the political department of this government. No title vested until the concession was confirmed by congress. — Menard’s Heirs v. Massey, 8 How. 806; Les Bois v. Bramell, 4 ib. 464; Doe, ex dem. Chastang v. Dilt, 19 Ala. 421. "Whatever right the plaintiff may have, cognizable in a judicial tribunal, is derived from the act of congress, acting upon the Spanish concession, and the subsequent…
2Cases cited7 opinions
- Menard's Heirs v. MasseySupreme Court of the United States · 1850
- Cousin v. Blanc'sSupreme Court of the United States · 1857
- Innerarity v. Heirs of MimsSupreme Court of Alabama · 1840
- Amaron Ledoux v. John BlackSupreme Court of the United States · 1856
- Chastang's Heirs v. ArmstrongSupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stein v. EnglandSupreme Court of Alabama · 1918