Ryan v. Kilpatrick
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. Louis Wyeth. This action was brought by Samuel. F. Ryan, against Columbus Kilpatrick and Arthur C. Beard, to recover the possession of a tract of land, which was described in the amended complaint as the “ north-west part (B) of fractional section seventeen (17), township seven (7), range four (4), east, containing seventy-nine (79) acres, more or less,” with damages during its detention; and was commenced on…
Read the full summary
Appeal from the Circuit Court of Marshall. Tried before the Hon. Louis Wyeth. This action was brought by Samuel. F. Ryan, against Columbus Kilpatrick and Arthur C. Beard, to recover the possession of a tract of land, which was described in the amended complaint as the “ north-west part (B) of fractional section seventeen (17), township seven (7), range four (4), east, containing seventy-nine (79) acres, more or less,” with damages during its detention; and was commenced on the 18th December, 1876. Beard died during the suit, and the action was thereupon revived against his personal…
1Opinion of the CourtStone, J.
Neither plaintiff nor defendant in this action traced title from the Government to himself. The Government patent was issued to Hardy H. Moore, and neither contending litigant traces title out of him. The plaintiff’s claim is as follows: His testimony tends to show, that Gabriel Moore went into possession of the lands in controversy in 1848, and continued in possession, exercising acts of ownership, until March, 1850, when he conveyed the lands to Einley and Bush, trustees, in trust for his (Moore’s) wife and children, remainder to his children. Moore continued to occupy the lands, although…
2Cases cited7 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Riggs v. FullerSupreme Court of Alabama · 1875
- Smith v. RobertsSupreme Court of Alabama · 1878
- Weir v. HossSupreme Court of Alabama · 1844
- Dillingham v. BrownSupreme Court of Alabama · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cramer v. United StatesSupreme Court of the United States · 1923
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Beard v. RyanSupreme Court of Alabama · 1884
- Tennessee Coal, Iron & Railroad v. LinnSupreme Court of Alabama · 1898
- Henry v. BrownSupreme Court of Alabama · 1904
2 more not listed; retrieve them via the Exa API.