Case v. Edgeworth
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the Hon. John B. Tally. This action was brought by D. C. Case against E. L. Edgeworth and T. A. Lumsden, to recover the possession of a tract of land containing 160 acres, which was a part of section.28, township 7, range 7 east; and was commenced on the 7th February, 1887. The defendants pleaded not guilty, and issue was joined on that plea.
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Appeal from the Circuit Court of DeKalb. Tried before the Hon. John B. Tally. This action was brought by D. C. Case against E. L. Edgeworth and T. A. Lumsden, to recover the possession of a tract of land containing 160 acres, which was a part of section.28, township 7, range 7 east; and was commenced on the 7th February, 1887. The defendants pleaded not guilty, and issue was joined on that plea. On the trial, as the bill of exception shows, the plaintiff offered in evidence, after proving its execution, a receipt given to him by the receiver of the land office at Huntsville, which was dated…
1Opinion of the CourtClopton, J.
The general rule, that a plaintiff in ejectment must recover on the strength of his own title, and must show a legal title to the premises, is elementary and familiar; an equitable estate or claim will not support the action. The evidence which the plaintiff introduced in support of his title, was a receipt in the usual form given by the receiver of the public moneys to him, for the sum of fourteen dollars, being the amount of fee and compensation of register and receiver, for the entry of the land sued for, under section 2290 of the Revised Statutes of the United States. The decisions of the…
2Cases cited3 opinions
- Bullock v. WilsonSupreme Court of Alabama · 1835
- Bates v. HerronSupreme Court of Alabama · 1859
- Cruise v. RiddleSupreme Court of Alabama · 1852
3Cited by7 opinions
- Swift v. Doe ex dem. WilliamsSupreme Court of Alabama · 1909
- Tillison v. EwingSupreme Court of Alabama · 1890
- Hockett v. AlstonCourt Of Appeals Of Indian Territory · 1900
- Thompson v. BaslerCalifornia Supreme Court · 1906
- Hiawannee Lumber Co. v. McPhearsonMississippi Supreme Court · 1909
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