Innerarrity v. Byrne
Supreme Court of Alabama
Error to the Circuit court of Baldwin county. Trespass, to try title, before Paul, J. In this case, plaintiff, to support his action, offered in 'evidence, a grant (from the Spanish government to one Forbes, under whom plaintiff claimed,) dated February sixth, eighteen hundred and six. ( The evidence was rejected, on the ground that the grant was made by a government which had no power or authority to make /such a grant.
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Error to the Circuit court of Baldwin county. Trespass, to try title, before Paul, J. In this case, plaintiff, to support his action, offered in 'evidence, a grant (from the Spanish government to one Forbes, under whom plaintiff claimed,) dated February sixth, eighteen hundred and six. ( The evidence was rejected, on the ground that the grant was made by a government which had no power or authority to make /such a grant. Defendant had a verdict, and the exclusion of the grant as evidence was assigned as erroneous.
1Opinion of the CourtOrmond, J.
— This was an action of trespass, to try title.
The plaintiff below, who is the .plaintiff in this court, relied on a grant from the Spanish government, to John Forbes & Co., for the premises mentioned in the declara*177tion, and proposed, by testimony, to deraign title front Forbes■& Co., to himself. The court rejected the grant, on the ground that the Spanish government had no authority to make- such grant. The case is brought here for revision.
The grant bears date the seventh of March, one thousand eight hundred and seven. It has been solemnly determined by the Supreme court of the United…
2Cases cited1 opinion
- Spears v. CrossSupreme Court of Alabama · 1838
3Cited by3 opinions
- Cuthbert v. NewellSupreme Court of Alabama · 1845
- Crenshaw v. DavenportSupreme Court of Alabama · 1844
- Innerarity v. Heirs of MimsSupreme Court of Alabama · 1840