Wright v. Swan
Supreme Court of Alabama
Error to the Circuit court of Montgomery county. Trespass to try titles. At the March term of. the aforesaid court, the defendant in error declared against the plaintiff, of a plea of trespass vi et armis, to try titles, &c., for that the defendant, theretofore, to wit, on the twenty-second day of December, eighteen hundred and thirty-five, broke and entered the close of plaintiff, situate, lying and being in the county aforesaid, and known and described as follows, to wit;…
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Error to the Circuit court of Montgomery county. Trespass to try titles. At the March term of. the aforesaid court, the defendant in error declared against the plaintiff, of a plea of trespass vi et armis, to try titles, &c., for that the defendant, theretofore, to wit, on the twenty-second day of December, eighteen hundred and thirty-five, broke and entered the close of plaintiff, situate, lying and being in the county aforesaid, and known and described as follows, to wit; The East half of the North-east quarter of section ten, in township fifteen, of range nineteen, containing seventy-nine…
1Opinion of the CourtGoldthwaite, J.
This was an action of trespass, instituted in the Circuit Court of Montgo*88mery county, to recover the tract of land described in the declaration, under the statute to try titles ; and the plaintiff in the court below having obtained a judgment, the defendant now prosecutes this writ of error.
From the bill of exceptions, which was taken on the trial in the Circuit court, it appears that one Norton, in January, one thousand eight hundred and thirty-five, entered the land in controversy, at the proper land office, and received a certificate of final payment. On the fourteenth of December, of the…
2Cases cited3 opinions
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1812
- Small v. ProcterMassachusetts Supreme Judicial Court · 1819
- Goodlet v. SmithsonSupreme Court of Alabama · 1837
3Cited by6 opinions
- Farley v. SmithSupreme Court of Alabama · 1863
- Abercrombie v. BaldwinSupreme Court of Alabama · 1849
- Mahoney v. Van WinkleCalifornia Supreme Court · 1867
- Doe ex dem. Kennedy's Executors v. Townsley's HeirsSupreme Court of Alabama · 1849
- Cawley v. JohnsonU.S. Circuit Court for the District of Western Wisconsin · 1884
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