Antones v. Heirs of Eslava
Supreme Court of Alabama
Error to the Circuit court of Mobile, exercising chancery jurisdiction. On the thirteenth of February, eighteen hundred and twenty-seven, the plaintiffs in error exhibited their bill on the equity side of the Circuit court of Mobile county, against the defendants, asserting title on behalf of the ■church, to several lots in the city of Mobile.
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Error to the Circuit court of Mobile, exercising chancery jurisdiction. On the thirteenth of February, eighteen hundred and twenty-seven, the plaintiffs in error exhibited their bill on the equity side of the Circuit court of Mobile county, against the defendants, asserting title on behalf of the ■church, to several lots in the city of Mobile. The plaintiffs allege, that as early as March, seventeen hundred and three, “a parish church was erected at Mobile, and a pastor regularly inducted therein, agreeably to the laws of the French Government, and the canons of the Holy Roman Catholic…
1Opinion of the Court
COLLIER, C. J. — The
plaintiffs admit, that they do not sue as a corporation, under the act “ to incorporate and empower religious societies of every denomination to hold real estate,” passed in 1819. It seemed to be conceded in the argument, that the powers conferred upon the corporation, under that statute, does not invest it, as such, with the right to all property, of which the Catholic church at Mobile may have been the proprietor under the Spanish government. And the only purpose proposed by the introduction of the recorded articles of government, and the names of the trustees, was to…
2Cases cited4 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
- The Town of Pawlet v. D. CLARK & OTHERSSupreme Court of the United States · 1815
3Cited by5 opinions
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- Wilson & Herr v. HaywardSupreme Court of Florida · 1855
- Sultzner v. StateSupreme Court of Alabama · 1869
- Blair v. OdinTexas Supreme Court · 1848