Doe ex dem. School Commissioners v. Godwin
Supreme Court of Alabama
Appeal from tbe Circuit Court of Russell. Tried before tbe Hon. John Gill Shorter. The bill of exceptions in tbis ease is as follows : “On tbe trial of tbis case, tbe plaintiffs proved, that they were tbe school commissioners of tbe township which was entitled to tbe section of land, a part of which is sued . for; also, tbe actual yearly value of tbe land, and tbe defendant’s possession for tbe last ten years.
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Appeal from tbe Circuit Court of Russell. Tried before tbe Hon. John Gill Shorter. The bill of exceptions in tbis ease is as follows : “On tbe trial of tbis case, tbe plaintiffs proved, that they were tbe school commissioners of tbe township which was entitled to tbe section of land, a part of which is sued . for; also, tbe actual yearly value of tbe land, and tbe defendant’s possession for tbe last ten years. It was admitted, that no deed or patent from tbe State bad issued to tbe defendant. Tbe defendant proved, that tbe land bad been sold to him by tbe commissioners of tbe township, at…
1Opinion of the CourtStone, J.
Under tbe act of 1837, it is provided that certificates of purchase, issued by school commissioners, and acknowledged according to its provisions, “shall operate as a title, upon condition only that tbe whole payments [of tbe purchase-money] shall be made.” — Olay’s Digest, 525, § 21. If tbe defendant below bad complied with tbe terms of tbis statute, be bad a good and valid defense.
It is argued here, that as tbe bill of exceptions does not inform us when tbe payment was made — whether before *244or after tliis suit was brought — the charge of the court cannot be maintained. This would probably…
2Cases cited6 opinions
- Gaines v. HarvinSupreme Court of Alabama · 1851
- Morris v. StateSupreme Court of Alabama · 1854
- Furlow's Adm'r v. MerrellSupreme Court of Alabama · 1853
- McElhaney v. StateSupreme Court of Alabama · 1854
- Bryan v. WareSupreme Court of Alabama · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Seymour v. CreswellSupreme Court of Florida · 1881
- Baker v. PattersonSupreme Court of Alabama · 1911
- Donaldson v. WilkersonSupreme Court of Alabama · 1910
- Beard v. DuBoseSupreme Court of Alabama · 1912
- Childs v. StateSupreme Court of Alabama · 1877
13 more not listed; retrieve them via the Exa API.