Wyman v. Campbell
Supreme Court of Alabama
Error to the Circuit court of Montgomery county. Trespass to try title. At the March term of the • «Circuit court of said county, eighteen hundred and thirty-four, David Campbell, Eliza Campbell, Emily Fountain, children of Archibald Campbell, deceased, Robert Fountain, (husband of said Emily,) also Archibald Campbell, Maria Campbell and Mary Campbell, likewise children and heirs of Archibald Campbell, who had departed this life, intestate, declared against Sol.- Smith,…
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Error to the Circuit court of Montgomery county. Trespass to try title. At the March term of the • «Circuit court of said county, eighteen hundred and thirty-four, David Campbell, Eliza Campbell, Emily Fountain, children of Archibald Campbell, deceased, Robert Fountain, (husband of said Emily,) also Archibald Campbell, Maria Campbell and Mary Campbell, likewise children and heirs of Archibald Campbell, who had departed this life, intestate, declared against Sol.- Smith, Bushrod W. Bell, and Justus Wyman, in custody, &c. — For that, the said plaintiffs, on a certain day, theretofore, were…
1Opinion of the CourtCollier, C. J.
Considering the case, in the point of view in which it was presented to the court at the argument, we proceed to inquire :—
First. — Does the statute of eighteen hundred and twenty-two, relating to the sale of the real estate of deceased persons, repeal previous enactments on the same subject, and to what extent ?
Second. — Had the Ophans court jurisdiction of the subject matter of the proceeding on which it acted X
Third. — If it had jurisdiction, were its proceedings void, or only voidable — and if the latter, could they be collaterally impeached X
1. In order to a solution of the first…
2Cases cited12 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
- Smith v. SherwoodSupreme Court of Connecticut · 1822
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3Cited by64 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
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- Marks v. CowlesSupreme Court of Alabama · 1878
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- King v. Kent's HeirsSupreme Court of Alabama · 1857
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