Payne v. Mathis
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. This was a statutory action of ejectment, brought by the appellees, as heirs at law of Gabriel Mathis, against the appellant, E. B. Bayne;' and sought to recover the possession of certain lands, described in the complaint. Issue was joined on the plea of not guilty.
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Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. This was a statutory action of ejectment, brought by the appellees, as heirs at law of Gabriel Mathis, against the appellant, E. B. Bayne;' and sought to recover the possession of certain lands, described in the complaint. Issue was joined on the plea of not guilty. Upon the trial of the cause, as is shown by the bill of exceptions, the plaintiff offered to introduce in evidence a patent issued by the United States Government to “the heirs of Gabriel T. Mathis, deceased,” which bore date, September 29, 1888. The…
1Opinion of the CourtStone, C. J.
There are only two assignments of error in this record, which are based on the only rulings of the lower court to which exceptions were reserved.
1: The court did not err in overruling defendant’s objection to the introduction in evidence of the Government patent to the land sued for. The patent grants to “the heirs of Gabriel T. Mathis, deceased,” the land in controversy. There is-no such uncertainty in this description of the grantees as would render the patent void. A description of a grantor or grantee is sufficiently certain, if he can be identified by the proper application of the maxim,…
2Cases cited4 opinions
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
- Jones v. MorrisSupreme Court of Alabama · 1878
- Madden v. FloydSupreme Court of Alabama · 1881
- Sublett v. HodgesSupreme Court of Alabama · 1889
3Cited by6 opinions
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
- Knowles v. OgletreeSupreme Court of Alabama · 1893
- Chandler v. JostSupreme Court of Alabama · 1893
- East Tennesse, Virginia & Georgia Railway Co. v. TurvavilleSupreme Court of Alabama · 1892
- Avary v. Perry Stove Manufacturing Co.Supreme Court of Alabama · 1892
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