Hallett v. Eslava
Supreme Court of Alabama
Miguel de Eslava, Jerome Eslava, Joaquim Eslava and Thomas F. Townsley, brought an action of tress-pass to try titles to recover possession of a certain lot of land in Mobile, and damagesffor the detention by Thomas L. Hallett, who had it in possession. At March Term 1828, of the Mobile Circuit Court, the cause was tried, and a verdict and judgment were obtained by the plaintiffs against Hallett the defendant, for the lot and 0300 damages and costs.
Read the full summary
Miguel de Eslava, Jerome Eslava, Joaquim Eslava and Thomas F. Townsley, brought an action of tress-pass to try titles to recover possession of a certain lot of land in Mobile, and damagesffor the detention by Thomas L. Hallett, who had it in possession. At March Term 1828, of the Mobile Circuit Court, the cause was tried, and a verdict and judgment were obtained by the plaintiffs against Hallett the defendant, for the lot and 0300 damages and costs. Hallett excepted to the instructions given by the Court on the trial, and sued his writ of error to this Court to reverse the judgment. By the…
1Opinion of the Court
By JUDGE COLLIER.
The facts shewn by the bill of exceptions require that we should express an opinion; first, upon the nature of the title of the defendants founded on previous possession: second, upon the legality of the certificate offered by the plaintiff: and third, whether the possession of documentary evidence of title gives paramount right.
Evidence of title to real property founded on and deduced alone from possession, is the most unsatisfactory and inconclusive of all other, by which title is made out.
Possession cannot, consistently with reason and law, unless sanctioned by the length…
2Cited by4 opinions
- Wilson v. GlennSupreme Court of Alabama · 1880
- Ellison v. Mayor of MobileSupreme Court of Alabama · 1875
- Doe ex dem. Chastang v. DillSupreme Court of Alabama · 1851
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908