Legal Opinion

Abercrombie v. Baldwin

Supreme Court of Alabama

Decided January 15, 1849PublishedCited by 22 opinions

Error to the Chancery Court of Macon. Before the Hon. D. G. Ligón. The bill in this case was filed by plaintiff in error, who claimed by deed from Nelson A. Crawford, one of the patentees, against Benjamin Baldwin, the other patentee, and some twenty sub-purchasers under him, for a partition of the land in controversy, which had been sold by the Indian reservee, to said Nelson A. Crawford and one Robert G. Hayden, the latter of whom assigned his interest to Baldwin, before…

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Error to the Chancery Court of Macon. Before the Hon. D. G. Ligón. The bill in this case was filed by plaintiff in error, who claimed by deed from Nelson A. Crawford, one of the patentees, against Benjamin Baldwin, the other patentee, and some twenty sub-purchasers under him, for a partition of the land in controversy, which had been sold by the Indian reservee, to said Nelson A. Crawford and one Robert G. Hayden, the latter of whom assigned his interest to Baldwin, before the issuance of the patent. The defendants, in their answers, insist that they were bona fide purchasers without notice ;…

1Opinion of the CourtCollier, C. J.

The court of chancery dismissed the bill in this cause, upon the ground that the defendants, or those under whom they claim, were in possession of the land in controversy, with “ color of title,” asserting bona fide an exclusive right, at the time the deed was executed by Crawford to the complainant; and if the decree is defensible upon this ground, we need not look further into the case.

R. G. Hayden and Nelson Crawford, are described in the patent as having purchased of the Indian reservee — holding his deed, regularly approved; Benjamin Baldwin is duly declared to be the assignee of Hayden…

2Cases cited12 opinions

  1. Willison v. WatkinsSupreme Court of the United States · 1830
  2. M'Clung v. RossSupreme Court of the United States · 1820
  3. Rising v. StannardMassachusetts Supreme Judicial Court · 1821
  4. Tillotson v. Doe ex dem. KennedySupreme Court of Alabama · 1843
  5. Barnard v. PopeMassachusetts Supreme Judicial Court · 1817

7 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Kidd v. BorumSupreme Court of Alabama · 1913
  2. Grayson v. MuckleroySupreme Court of Alabama · 1929
  3. Brown v. CockerellSupreme Court of Alabama · 1858
  4. Bernstein v. HumesSupreme Court of Alabama · 1877
  5. Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914

17 more not listed; retrieve them via the Exa API.

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