Hall v. Doe ex dem. Root
Supreme Court of Alabama
ERROR to tho Circuit Court of Mobile. Tried before the-Hon. John Bragg. The act of 1822 confers no title on the defendant in-error,' or those under whom be holds ; it is nothing more than a relinquishment of any claim on the part of the government, and both parties in this case must depend upon their rights, independent of the confirmations.' — Eslava'-v. Farmer’s Heirs, 7 Ala. 558; S. C. 11- ib. 1028; 2 How.
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ERROR to tho Circuit Court of Mobile. Tried before the-Hon. John Bragg. The act of 1822 confers no title on the defendant in-error,' or those under whom be holds ; it is nothing more than a relinquishment of any claim on the part of the government, and both parties in this case must depend upon their rights, independent of the confirmations.' — Eslava'-v. Farmer’s Heirs, 7 Ala. 558; S. C. 11- ib. 1028; 2 How. U. S. It. 285> 8 Ala. 47. The confirmation and patent can only be made available when. - offered in evidence against-one holding under the United States by subsequent grant. — See the…
1Opinion of the CourtChilton, J.
This was an-action of'ejectment brought by the defendant in error against the plaintiffs in error, to recover-a certain tract of land situate in the county of Baldwin, the • venue having been changed to the Circuit Court of Mobile.,
The questions for revision in this court arise solely out of a* bill of exceptions which was sealed by the presiding judge upon-the trial in the court below. The titles under which the parties respectively claim the land are set out, and the defendants below asked the court for several instructions to the jury, which were refused, and to which refusal they…
2Cases cited4 opinions
- United States v. PerchemanSupreme Court of the United States · 1833
- Strother v. LucasSupreme Court of the United States · 1838
- Doe Ex Dem. Barbarie v. EslavaSupreme Court of the United States · 1850
- Eslava v. Doe ex dem. Heirs of FarmerSupreme Court of Alabama · 1845
3Cited by8 opinions
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Tennessee Coal, Iron & Railroad v. LinnSupreme Court of Alabama · 1898
- Bohannon v. StateSupreme Court of Alabama · 1882
- Minturn v. BrowerCalifornia Supreme Court · 1864
- Emeric v. PennimanCalifornia Supreme Court · 1864
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