Cawsey v. Driver
Supreme Court of Alabama
Error to the Circuit Court of Chambers. Before the Hon. George W. Goldthwaite. Trespass to try title, by the defendant, against the plaintiff in error.
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Error to the Circuit Court of Chambers. Before the Hon. George W. Goldthwaite. Trespass to try title, by the defendant, against the plaintiff in error. From a bill of exceptions it appears, that the title of the plaintiff consisted of a conveyance by deed, from Stroud Sf McLemore, the patentees of the land, which was executed in the fall of 1844. The defence was, that in 1838, one Wright Cawsey, the brother of the defendant, purchased the land from Stroud & McLemore, executed his notes for the payment of the purchase money, and received from S & McL a bond for title when the purchase money…
1Opinion of the CourtChilton, J.
The main question presented upon the record is, whether the evidence of title as shown by the record, is sufficient to warrant and sustain the defence set up by the defendant below. The plaintiff produced a deed to himself from Stroud McLemore, who held a patent from the government of the United States. He has the legal title to the premises, unless there is something shown in the record which would avoid his conveyance. It is insisted by the counsel for the plaintiff in error, that the deed from the patentees to Driver was void — 1. Because Cawsey, at the time of the execution of this…
2Cited by2 opinions
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