Holmes v. State
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before the Hon. W. W. Wilkerson. This was an action of ejectment by the State of Alabama against Mack Holmes to recover certain land described in the complaint.
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Appeal from Birmingham City Court. Tried before the Hon. W. W. Wilkerson. This was an action of ejectment by the State of Alabama against Mack Holmes to recover certain land described in the complaint. The title of the State was derived by the selection of said lands by its authorized agent John IL Caldwell, as school indemnity lands, which selection was ratified and approved by the Department of Interior at Washington, D. C. The evidence for the defendant showed that he entered the lands in controversy as a homestead in August 1881; that he built a house on the lands, cleaned and cultivated…
1Opinion of the CourtHead, J.
The duly certified copy of the official letter of cancellation of the homestead entry of Mack Holmes, which was commuted to a cash entry, was, by the express terms of section 2787 of the Code, admissi*26'ble in evidence. — Beasley v. Clark, 102 Ala. 254 ; 744 ; Iron Co. v. Roberts, 87 Ala. 436 ; Stephens v. Westwood, 25 Ala. 716 ; Hines v. Greenlee, 3 Ala. 73. It appears, from said letter, exemplified from the records of the General Land Office, that said entries were thereby concelled by the Assistant Commissioner, and action in the case thereby closed, on August 18th, 1888. This furnished…
2Cases cited5 opinions
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Holmes v. StateSupreme Court of Alabama · 1893
- Hines v. GreenleeSupreme Court of Alabama · 1841
- Stephens v. WestwoodSupreme Court of Alabama · 1854
- Beasley v. ClarkeSupreme Court of Alabama · 1893
3Cited by9 opinions
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Scott Paper Co. v. Novay Cherry Barge Service, Inc.Court of Civil Appeals of Alabama · 1972
- Scarbrough v. Borders & Co.Supreme Court of Alabama · 1896
- Fidelity & Deposit Co. of Maryland v. People's Bank of SanfordCourt of Appeals for the Fourth Circuit · 1934
- McCarver v. HerzbergSupreme Court of Alabama · 1898
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