Stein v. England
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Gertrude B. England against Thomas F. Stein and others. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Gertrude B. England against Thomas F. Stein and others. Judgment for plaintiff, and defendants appeal. Appellants (defendants) seek by this appeal to reverse the judgment of the lower court, whereby appellee is entitled to lands in the vicinity of Mobile through inheritance from her ancestor, Anthony Espejo, to whom a “permit to settle” the lands was issued March 21, 1803, by the Spanish commandant at Mobile, while it constituted a part of the Spanish possession called “West Florida.” Espejo inhabited and cultivated…
1Opinion of the CourtGardner, J.
The result of this appeal turns upon the question as to whether or not the land sued for was subject to taxation, or title thereto to be acquired by adverse possession prior to the issuance of the patent.
The property sued for is in the claim of Anthony Espejo, and was patented to Gertrude Etepejo and others April 30, 1913; a copy of the patent being set out in the transcript, showing that the claim of E'spejo was confirmed by section 3 of an Act of Congress of March 3, 1819, c. 100, 3 U. S. Stat. at Large, p. 528. Plaintiff, appellee here, is one of the heirs oi the patentee; and it is…
2Cases cited10 opinions
- Langdeau v. HanesSupreme Court of the United States · 1875
- Maish v. ArizonaSupreme Court of the United States · 1896
- Bothwell v. Bingham CountySupreme Court of the United States · 1915
- Joplin v. ChachereSupreme Court of the United States · 1904
- Price v. DennisSupreme Court of Alabama · 1909
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3Cited by2 opinions
- Wright v. Louisville & N. R. Co.Supreme Court of Alabama · 1919
- McBee v. StallworthSupreme Court of Alabama · 1929