Heirs of Bishop v. Hampton
Supreme Court of Alabama
Error to the Circuit Court of Benton. Before the Hon. S. C. Posey. This was an action of trespass to try titles, brought by the plaintiffs in error, against the defendant, in the circuit court of St. Clair, and was removed by change of venue, to Benton. The plaintiffs, to show title in themselves, proved, that their father died seized of the premises. The defendant read to the jury, a transcript of entries, and proceedings, in the orphans’ court of St. Clair.
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Error to the Circuit Court of Benton. Before the Hon. S. C. Posey. This was an action of trespass to try titles, brought by the plaintiffs in error, against the defendant, in the circuit court of St. Clair, and was removed by change of venue, to Benton. The plaintiffs, to show title in themselves, proved, that their father died seized of the premises. The defendant read to the jury, a transcript of entries, and proceedings, in the orphans’ court of St. Clair. The first is the appointment of Joel Chandler, administrator of the estate of Hiram G. Bishop, who was the father of plaintiff: this…
1Opinion of the CourtDargan, J.
As the plaintiffs showed, that their ancestor died seized of the lands sought to be recovered it be came necessary for the defendant to show, that they had been divested of their title. For this purpose, he introduced a transcript of proceedings, had in the orphans’ court of St. Clair, from which it appears that Joel Chandler, in the year 1835, was appointed administrator of the estate of Harris G. Bishop deceased, who was the father of the plaintiffs, and from whom they derived title. It also appeared, that on the 11th of March 1836, the following order was made : “ This day came into court,…
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