Rowland v. Ladiga's Heirs
Supreme Court of Alabama
ÍÍRROR to the Circuit Court of St. Clair. 'Pried before the Tíou. John I). Phelan. This was an actiou of Tkhspass, brought by Sally Ladiga, a Creek Indian, against Richard D. Rowland and Peter Heif-ner, to try titles to the cast half of section two, in township fourteen, range eight east, of the Coosa Land district.
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ÍÍRROR to the Circuit Court of St. Clair. 'Pried before the Tíou. John I). Phelan. This was an actiou of Tkhspass, brought by Sally Ladiga, a Creek Indian, against Richard D. Rowland and Peter Heif-ner, to try titles to the cast half of section two, in township fourteen, range eight east, of the Coosa Land district. The suit was commenced in the Circuit Court of Benton county: and a trial was there had, at Rio April term, 1846, which resulted in a verdict for the defendants: but a new trial was granted, and tbe venue was changed to tbe county of St. Clair, on the condition that the plaintiff…
1Opinion of the CourtDargan, C. J.
— We will not examine in detail every question that has been presented in the course of the argument, but only such as are material to the merits of the cause, .as it is presented to us by the record.
When this case was before the Supreme Court of the United States, the facts material to the right or title of Sally Ladiga were in substance the same, as they now appear from the record before us; and that court held, that a grandmother of the Creek tribe of Indians, with whom her grandchildren resided, was the head of a family, within the meaning of the second article of the treaty concluded on…
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3Cited by12 opinions
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