McArthur v. Brue
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by George Brue and others against John McArthur. Judgment for plaintiffs, and defendant appeals.
1Opinion of the Court
MAYFIELD, J.—(1) The pivotal and decisive question here involved is whether the legal title to the land in question passed from the United States by act of Congress approved March 3, 1819 (3 Stat. 528, c. 100), or by a patent of October 7, 1912. It is conceded that the legal title has passed out of the United States, and that it passed either by the act of Congress or by the patent. If such title passed by the act of Congress, then *564there are other material and important question to be decided; but if such title did not pass until, and except by, the issuance of the patent, then appellant…
2Cases cited3 opinions
- Michigan Land & Lumber Co. v. RustSupreme Court of the United States · 1897
- Price v. DennisSupreme Court of Alabama · 1909
- Nelson v. WeekleySupreme Court of Alabama · 1912
3Cited by3 opinions
- Nelson v. WeekleySupreme Court of Alabama · 1915
- Kaylor v. StateSupreme Court of Alabama · 2000
- Stein v. EnglandSupreme Court of Alabama · 1918