Legal Opinion

Antones v. Heirs of Eslava

Supreme Court of Alabama

Decided June 15, 1839PublishedCited by 5 opinions

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.

Read the full summary

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

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
  3. Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
  4. The Town of Pawlet v. D. CLARK & OTHERSSupreme Court of the United States · 1815

3Cited by5 opinions

  1. City of Birmingham v. GrahamSupreme Court of Alabama · 1918
  2. Miller v. ChittendenSupreme Court of Iowa · 1856
  3. Wilson & Herr v. HaywardSupreme Court of Florida · 1855
  4. Sultzner v. StateSupreme Court of Alabama · 1869
  5. Blair v. OdinTexas Supreme Court · 1848

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API