Garrow v. Toxey
Supreme Court of Alabama
Appeal from. Mobile Circuit Court. Heard before Hon. Samuel B. Brown. Statutory ejectment by Caleb Toxey against H. W. Garrow and others. Judgment for plaintiff and defendants appeal. The afterwards acquired title of Gazzam derived under the patent did not inure to the benefit of his grantee Wragg, as he held under a quit claim deed. — Tillson v. Kennedy, 5 Ala. 407; Tuttoiler v. Tenn.
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Appeal from. Mobile Circuit Court. Heard before Hon. Samuel B. Brown. Statutory ejectment by Caleb Toxey against H. W. Garrow and others. Judgment for plaintiff and defendants appeal. The afterwards acquired title of Gazzam derived under the patent did not inure to the benefit of his grantee Wragg, as he held under a quit claim deed. — Tillson v. Kennedy, 5 Ala. 407; Tuttoiler v. Tenn. Co., 108 Ala. 484; Frost v. Missionary Society, 56 Mich. 89. Hence, the court erred in admitting the quit claim deed. ■ The court erred in overruling objections to the introduction in evidence of the petition…
1Opinion of the CourtSayre, J.
This is a statutory action of ejectment brought by appellee against appellants for the recovery of a tract of land in the county of Mobile. Subject to objections which will be noticed, plaintiff showed an unbroken chain of title back to the government of the United States. A patent to one Audley Gazzam, dated March 30, 1841, constituted the first link in the chain. The effort of the defendants, defeated by rulings in the court below, was to trace their title back to the United States through a patent, dated April 8, 1848, to the heirs of one Miguel Eslava. The Eslava patent was admitted…
2Cases cited10 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Singo v. McGheeSupreme Court of Alabama · 1909
- Carter v. Doe ex dem. ChaudronSupreme Court of Alabama · 1852
- Wright's Heirs v. WareSupreme Court of Alabama · 1874
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3Cited by8 opinions
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1929
- Rucker v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1912
- Garrow v. ToxeySupreme Court of Alabama · 1914
- Prestwood v. GilbreathSupreme Court of Alabama · 1974
- Heath v. ScarboroughSupreme Court of Alabama · 1946
3 more not listed; retrieve them via the Exa API.