State v. Schmidt
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. Cecil Browne. Ejectment by tbe State of Alabama against Sudie Schmidt to recover lands in the sixteenth section. Judgment for the defendant and the State appeals.
Read the full summary
Appeal from Talladega City Court. Heard before Hon. Cecil Browne. Ejectment by tbe State of Alabama against Sudie Schmidt to recover lands in the sixteenth section. Judgment for the defendant and the State appeals. The sixteenth section lands in this State were granted to the inhabitants of the several townships for a specific use, viz.: the use of schools. —Act of Congress, approved March 2, 1819; Act of Congress, approved March 2, 1827. This grant, which was in the form of a proposal, the acceptance of which was a pre-requisite for the admission of the State into the Union, was accepted, as…
1Opinion of the CourtMcCLELLAN, J.
Statutory ejectment. An agreed statement of facts raises, as was intended, the single question whether adverse possession of sixteenth section school lands, under the Code 1896, § 2794, and its predecessors, was operative to invest title in an adverse holder of such lands under color of title. The contention is that such statutes are invalid, because inconsistent with acts of Congress, including that admitting Alabama as a state in 1819, and because in conflict with the Constitution of the United States and with the several Constitutions of this state in the particulars that Alabama’s organic…
2Cases cited12 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Cooper v. RobertsSupreme Court of the United States · 1856
- Board of Trustees for Vincennes University v. State of IndianaSupreme Court of the United States · 1853
- Long v. BrownSupreme Court of Alabama · 1843
- Prestwood v. WatsonSupreme Court of Alabama · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Van Wagoner v. WhitmoreUtah Supreme Court · 1921
- State v. InmanSupreme Court of Alabama · 1940
- State v. Board of School CommissionersSupreme Court of Alabama · 1913
- State v. BroosSupreme Court of Alabama · 1952
- Wiley v. WilhiteSupreme Court of Alabama · 1918
4 more not listed; retrieve them via the Exa API.