Dexter v. Nelson
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Trespass to try title to a lot in the town of Montgomery, by the plaintiffs against the defendant. It appearing that the defendant was tenant to one Dargan, the latter was permitted to defend.
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Error to the Circuit Court of Montgomery. Trespass to try title to a lot in the town of Montgomery, by the plaintiffs against the defendant. It appearing that the defendant was tenant to one Dargan, the latter was permitted to defend. Upon the trial, the plaintiffs produced a patent from the United States for one hundred and sixty acres of land, which, it was admitted, embraced the locus in quo, which issued to John Falconer ; and, also, produced, and proved, a deed from Falconer 'to them for the premises sued for; and, having proved the trespass and damage, rested. The defendant then proved,…
1Opinion of the CourtOrmond, J.
Our first impression was, that the sale and conveyance of the land in this case was not void in consequence of the adverse possession of the defendant in error, as no statute similar to that of the 32 Henry 8, had been passed in this State. We are satisfied we were mistaken. The original simplicity of the common law admitted of no estate in lands which was not clothed with the immediate seizin and possession thereof. The ancient common-law mode of conveying lands was, by livery of seizin, and necessarily includes the idea of a sale of lands by one not in possession.
Lord Coke, commenting on…
2Cited by7 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Abercrombie v. BaldwinSupreme Court of Alabama · 1849
- Grant v. NationsSupreme Court of Alabama · 1911
- Cassedy v. JacksonMississippi Supreme Court · 1871
- Rivers v. ThompsonSupreme Court of Alabama · 1869
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