Doe ex dem. Kennedy's Executors v. Townsley's Heirs
Supreme Court of Alabama
Error tc the Circuit Court of Mobile;. Tried, before the Hon. Jolnr Bragg.. This was an action of ejectment by the plaintiffs against the defendant in error to recover a lot of land in the city of Mobile. The plaintiffs deduced title underthe act of Congress of the 5th May 1832, confirming to Joshua Kennedy a lot of land, of which the one in controversy is a part, a patent issued to> him in accordance: with that act in. 1837, and the- will of." said Kennedy.
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Error tc the Circuit Court of Mobile;. Tried, before the Hon. Jolnr Bragg.. This was an action of ejectment by the plaintiffs against the defendant in error to recover a lot of land in the city of Mobile. The plaintiffs deduced title underthe act of Congress of the 5th May 1832, confirming to Joshua Kennedy a lot of land, of which the one in controversy is a part, a patent issued to> him in accordance: with that act in. 1837, and the- will of." said Kennedy. The defendant proved that the family of one Durett lived forty-eight years ago on a square of four acres, which was enclosed by a picket…
1Opinion of the CourtCollier, C. J.
The evidence of title adduced by the plaintiffs is confessedly sufficient to authorise them to recover, unless the defendants have shown a superior right, or such a possession as will avail them as a bar under the statute of limitations. To make out their defence, the defendants rely upon report No. 1, made to the Commissioner of the General Land Office by the Register and Receiver at Jackson Court House, Mississippi, under date the 11th July 1820, and the Act of Congress of the 8th May 1822, “ supplementary to the several Acts for adjusting the claims to land, and establishing land offices…
2Cases cited16 opinions
- Foster v. NeilsonSupreme Court of the United States · 1829
- Lindsey and Others v. the Lessee of MillerSupreme Court of the United States · 1832
- Garcia v. LeeSupreme Court of the United States · 1838
- Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808
- Blake v. DohertySupreme Court of the United States · 1820
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3Cited by8 opinions
- Lovey v. Escambia CountyDistrict Court of Appeal of Florida · 1962
- H. & T. C. R'y Co. v. Travis CountyTexas Supreme Court · 1884
- Swann & Billups v. GastonSupreme Court of Alabama · 1888
- Hill v. StateSupreme Court of Arkansas · 1861
- McDaniel v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1907
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