Legal Opinion

Etheridge v. Doe ex dem. Malempre

Supreme Court of Alabama

Decided January 15, 1851PublishedCited by 17 opinions

Error to the County Court of Tuskaloosa. Tried before the Hon. George D. Shortridge. 3. The act of the Legislature is a concession that the defendant could not inherit the estate, because he was an alien, and not a citizen. If so, then the Legislature could not grant him the privileges of citizenship for that purpose; Congress alone could do this.

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Error to the County Court of Tuskaloosa. Tried before the Hon. George D. Shortridge. 3. The act of the Legislature is a concession that the defendant could not inherit the estate, because he was an alien, and not a citizen. If so, then the Legislature could not grant him the privileges of citizenship for that purpose; Congress alone could do this. If the Legislature cannot confer the privileges of citizenship for every purpose, they cannot for any. — 4th paragraph, Sth section, 1st Article of the Constitution of the U. States; Article 4, § 2. 2. The act is inoperative as to the premises in…

1Opinion of the CourtChilton, J.

This was an action of ejectment, brought by the defendant against the plaintiff in error, to recover a half section of land, composed of four eighty acre tracts adjoining each other in the corners of sections 27, 28, 33 and 34, in township 20, range 11, west, &c., in Tuskaloosa county.

*571It was agreed in writing between the attornies, in the court below, to dispense with a jury, and that the circuit judge should determine upon the facts, as well as the law of the case, saving to each party the right to except to the admission or rejection of testimony, and to the judgment of the court. The court…

2Cases cited6 opinions

  1. Mooers v. WhiteNew York Court of Chancery · 1822
  2. Bradford v. MarburySupreme Court of Alabama · 1847
  3. Smith v. ZanerSupreme Court of Alabama · 1842
  4. Hughes v. ParkerSupreme Court of Alabama · 1834
  5. Madden v. BlytheSupreme Court of Alabama · 1838

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

3Cited by17 opinions

  1. Andrews v. GreySupreme Court of Alabama · 1917
  2. Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
  3. Betancourt v. EberlinSupreme Court of Alabama · 1882
  4. De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
  5. Connecticut General Life Ins. Co. v. SmithSupreme Court of Alabama · 1932

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

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