Legal Opinion

Land v. Hopkins

Supreme Court of Alabama

Decided June 15, 1844PublishedCited by 4 opinions

Writ of error to the Circuit Court of Sumter. This was an action of trespass at the suit of the defendant in error against the plaintiff, brought as well to try titles to a lot in the town of Livingston, particularly described in the declaration, as to recover damages for its occupancy. The de■fendant pleaded “ not guilty,” and issue being joined thereon', the cause was submitted to a jury, who returned a verdict for the plaintiff, and judgment was thereupon rendered.

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Writ of error to the Circuit Court of Sumter. This was an action of trespass at the suit of the defendant in error against the plaintiff, brought as well to try titles to a lot in the town of Livingston, particularly described in the declaration, as to recover damages for its occupancy. The de■fendant pleaded “ not guilty,” and issue being joined thereon', the cause was submitted to a jury, who returned a verdict for the plaintiff, and judgment was thereupon rendered. From a bill of exceptions sealed at the instance of the defendant, it appears that the plaintiff read to the jury the record…

1Opinion of the CourtCollier, C. J.

— In Goodlet v. Smithson, 5 Porter’s Rep. 249, we determined, that by the act of entry and payment of the purchase money, the purchasers of lands from the United States acquired an inchoate legal title, which is the subject of levy and sale under execution. And in Rhea, Conner & Co. v. Hughes, I Ala. Rep. N. S. 219, we held, that the mere possession and improvement of land belonging to the United States, however valuable, is not the subject of levy under execution. But it was there said, that the question whether the possession under a contract could be reached by "fieri facias, depended upon…

2Cases cited5 opinions

  1. Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
  2. Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
  3. Morris v. EllisSupreme Court of Alabama · 1842
  4. Brock v. YongueSupreme Court of Alabama · 1843
  5. Hagaman v. Jackson, ex dem. CampbellNew York Supreme Court · 1828

3Cited by4 opinions

  1. You v. FlinnSupreme Court of Alabama · 1859
  2. Duval's Heirs v. P. & M. BankSupreme Court of Alabama · 1846
  3. McTyer v. McDowellSupreme Court of Alabama · 1860
  4. Whiteside v. Branch Bank at DecaturSupreme Court of Alabama · 1846

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