Legal Opinion

Hagan v. Campbell

Supreme Court of Alabama

Decided June 15, 1838PublishedCited by 19 opinions

This was art action of trespass to try title, prosecuted by the plaintiffs in error, in the Circuit court of Mobile county; and tried before Harris, J. The plea was, not guilty; and issue being joined, a verdict was rendered in favor of the defendants.

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This was art action of trespass to try title, prosecuted by the plaintiffs in error, in the Circuit court of Mobile county; and tried before Harris, J. The plea was, not guilty; and issue being joined, a verdict was rendered in favor of the defendants. From a bill of exceptions taken at the trial, it appeared that the plaintiffs gave in evidence to the jury, a grant and survey, (a copy of which accompanied the bill,) and proved that the same had been confirmed by an act of Congress, of the third of May, eighteen hundred and nineteen, and deduced title to themselves by mean conveyances under…

1Opinion of the CourtCollier, C. J.

— In order to a solution of the questions of law arising upon the record, we will inquire—

First — What was the true eastern boundary of the land embraced in the grant made by the British government?

Second — What was the additional extent of the confirmatory grant made by the Spanish authorities ?

First — The record contains no copy of the British grant, and ^ascertain its terms, we must refer .to that made by the Spanish authorities, in which it is recited. From that, it appears that the land was situated in the then district of Mobile, “on the west side of the river Mobile.”

The rights of…

2Cited by19 opinions

  1. John Goodtitle v. Gaius KibbeSupreme Court of the United States · 1850
  2. Braddock Jones, in Error v. James G. SoulardSupreme Court of the United States · 1861
  3. Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
  4. C. R. & M. R. R. v. Carroll Co.Supreme Court of Iowa · 1875
  5. Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845

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