Ledbetter v. Borland
Supreme Court of Alabama
Appeal from tlie Circuit Court of Geneva. Tried before the Hon. J. C. Richardson. This was a statutory action of ejectment instituted on August 1, 1897, by the appellant, James H. Ledbetter, against the appellees, T. M. Borland and Joe Tayloe, to recover lands which are described in the complaint as “the southwest quarter of lots 3 and 4 of section 14, township 7 north, range. 12 west, in Geneva county, Alabama.” The cause was tried on the plea of the general issue.
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Appeal from tlie Circuit Court of Geneva. Tried before the Hon. J. C. Richardson. This was a statutory action of ejectment instituted on August 1, 1897, by the appellant, James H. Ledbetter, against the appellees, T. M. Borland and Joe Tayloe, to recover lands which are described in the complaint as “the southwest quarter of lots 3 and 4 of section 14, township 7 north, range. 12 west, in Geneva county, Alabama.” The cause was tried on the plea of the general issue. The plaintiff introduced in evidence a receiver’s receipt dated May 10, 1897, at Montgomery; Ala., and signed by the receiver of…
1Opinion of the CourtSharpe, J.
Prima facie the Land Office Receiver’s receipt introduced in evidence by (the plaintiff showed in him the right to possession of the lands in suit and to their recovery in this action. — 1 Brick. Dig. 636, § 26. This is not controverted on the part of the defendants whose counsel concede in their briefs (that the decision of the cause depends upon the effect of the patent to Wilkinson which is older than the plaintiff’s homestead entry, and which purports to cover the entire fractional section in which these lands are situated.
The patent bears date of August 15th, 1860. We quote from it as…
2Cases cited6 opinions
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Doolan v. CarrSupreme Court of the United States · 1887
- Humphries v. District of ColumbiaSupreme Court of the United States · 1899
- Gates v. M'DanielSupreme Court of Alabama · 1836
- Knabe v. BurdenSupreme Court of Alabama · 1889
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3Cited by4 opinions
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