Eslava v. Doe ex dem. Heirs of Farmer
Supreme Court of Alabama
Appéal from the Circuit Court of Mobile. Ejectmekt by the defendants against the plaintiff in error. The plaintiff to sustain his case, offered in evidence, a patent from the United States, by which it “ released, remised, and forever quit claimed to the heirs of Robert Farmer, and their heirs,” (for the locus in quo,) “subject to any just claim, or claims, to all and every part thereof, all and every person, or persons, bodies politic, or corporate, derived from the United…
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Appéal from the Circuit Court of Mobile. Ejectmekt by the defendants against the plaintiff in error. The plaintiff to sustain his case, offered in evidence, a patent from the United States, by which it “ released, remised, and forever quit claimed to the heirs of Robert Farmer, and their heirs,” (for the locus in quo,) “subject to any just claim, or claims, to all and every part thereof, all and every person, or persons, bodies politic, or corporate, derived from the United States, or from either the British, French or Spanish authorities.” The patent issued on the 14th November, 1837, and in…
1Opinion of the Court
ORMOND, J'.
— The counsel for the defendant in error, admits, that the title of the heirs of Farmer, rests entirely upon the'patent offered by them in evidence for the land in dispute, which issued on the 14th November, 1837. It recites, that it is issued in virtue of the provisions of the act of Congress of the 8th May, 1822, pursuant to a favorable report, made by the commissioners, appointed by the United States, in consideration whereof the United States released, quit claimed, &c., “ subject to any just claim, or claims, to all, and every part thereof, all and every person, bodies…
2Cases cited4 opinions
- United States v. PerchemanSupreme Court of the United States · 1833
- Bagnell v. BroderickSupreme Court of the United States · 1839
- City of New Orleans v. Armas and CuculluSupreme Court of the United States · 1835
- Innerarity v. Heirs of MimsSupreme Court of Alabama · 1840
3Cited by8 opinions
- Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
- Eagan Co. v. JohnsonSupreme Court of Alabama · 1886
- Baker v. Heirs of ChastangSupreme Court of Alabama · 1850
- Doe Ex Dem. Slaughter v. Roe Ex Dem. W. M. Carney Mill Co.Supreme Court of Alabama · 1930
- Hall v. Doe ex dem. RootSupreme Court of Alabama · 1851
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