Long v. McDougald's Adm'r
Supreme Court of Alabama
Error to the Circuit Court of Russell. Tried before the Hon. Jno. Gill Shorter. Ejectment by Jesse Wilkinson, as administrator of Daniel MeDougald, deceased, against N. W. Long, the plaintiff in error, to recover an undivided moiety in section eight, township fifteen, range twenty seven, situated in the County of Russell. There was a verdict, and judgment thereon rendered, for the plaintiff below.
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Error to the Circuit Court of Russell. Tried before the Hon. Jno. Gill Shorter. Ejectment by Jesse Wilkinson, as administrator of Daniel MeDougald, deceased, against N. W. Long, the plaintiff in error, to recover an undivided moiety in section eight, township fifteen, range twenty seven, situated in the County of Russell. There was a verdict, and judgment thereon rendered, for the plaintiff below. It appears from the bill of exceptions, that the said half-section of land was reserved to a Creek Indian, under the treaty of March 24, 1832; that the said resorvee duly sold and convoyed the samo…
1Opinion of the CourtChilton, C. J.
The questions made upon the record are:
1. Does the deed of conveyance from the Creek Indian reservee, after it has been approved by the Pi'esident of the United States, convey such title to the purchaser as will warrant ejectment 1
2. Does the written transfer in the name of Fannin & Howell, to McDougald, convey such legal estate in the land, or any portion of it, as entitles the purchaser to sue in this form of action 1
3. Has the administrator of an insolvent estate, under our statutes, the right to maintain an action of ejectment, to recover the lands of the decedent I
1. The first point is…
2Cases cited8 opinions
- Chapman v. GlassellSupreme Court of Alabama · 1848
- Masterson v. Girard's HeirsSupreme Court of Alabama · 1846
- Chighizola v. Le BaronSupreme Court of Alabama · 1852
- Martin v. WilliamsSupreme Court of Alabama · 1850
- Jordan v. AbercrombieSupreme Court of Alabama · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Dillingham v. BrownSupreme Court of Alabama · 1862
- Parkman's Adm'r v. Aicardi & ToolSupreme Court of Alabama · 1859
- Snead v. LeeSupreme Court of Alabama · 1928
8 more not listed; retrieve them via the Exa API.