Price v. Dennis
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. A. H. Alston. Ejectment by Thomas B. Dennis and others against Houston Price and others. Prom a judgment for plaintiff defendants appeal.
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Appeal from Chilton Circuit Court. Heard before Hon. A. H. Alston. Ejectment by Thomas B. Dennis and others against Houston Price and others. Prom a judgment for plaintiff defendants appeal. Under the facts in this case; the appellant showed an adverse holding.-— Sec. 1813, Code 1896; Case v. Edgeworth, 87 Ala. 203;. Dillingham v. Brown, 38 Ala. 311; Goodlett v; Smithson, 5 Port., 245. The location of a bounty line warrant upon land is a purchase in law. of the land from the government. — Bullock' v. Wilson, 5 Port. 338; 133 U. S. 353; 128 U. S. 456; 10 How. 348; Erwin v. Erwin, 9 Wall. 617;…
1Opinion of the CourtMayfield, J.
It was admitted that- Thomas E. Dennis and Robert M. Dennis were the only heirs at law of Pollard M. Dennis, that Pollard M. Dennis was dead,, and that his estate owed no debts. Plaintiffs (appellees here) offered a patent to the lands sued for, from the United States, of. date October 10, 1904, issued upon land warrant No. 56,305, which Avas originally issued to one Edward Gantt, and assigned by him to Pollard M. Dennis, the patentee. The plaintiffs thereupon rested.their case.
The defendants (appellants here) then offered in evidence a certified transcript from the General Land Office of the…
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