Doe ex dem. Hallett v. Forest
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Ejectment, by the plaintiffs in error, executors of Joshua Kennedy, against the defendants in error, for a tract of land in the city of Mobile. The plaintiffs, to sustain their cause, introduced a translation of the application of Thomas Price, to the Spanish authorities, for a parcel of land in Mobile, with the orders and grants of the Spanish authorities thereon. Also, a deed from Price to Wm.
Read the full summary
Error to the Circuit Court of Mobile. Ejectment, by the plaintiffs in error, executors of Joshua Kennedy, against the defendants in error, for a tract of land in the city of Mobile. The plaintiffs, to sustain their cause, introduced a translation of the application of Thomas Price, to the Spanish authorities, for a parcel of land in Mobile, with the orders and grants of the Spanish authorities thereon. Also, a deed from Price to Wm. E. Kennedy,and a deed from him to Joshua Kennedy; also, the proceedings before the Register and Receiver at St. Stephens, 5th vol. Am. State Papers, 126-8-9,130,…
1Opinion of the CourtOrmond, J.
The action of ejectment is brought to recover the possession of lands — the superior, ultimate right or title, is not, therefore, necessarily involved. To maintain this action, the plaintiff must be entitled to the possession, and must consequently have a right to enter upon the land ; when, therefore, he has, by the lapse of time, lost this right, he cannot maintain the action. The counsel for the plaintiff in error, not controverting this general proposition, maintain, that although the statute forbids an entry after twenty years, yet, that if an entry be made within that time, the act…
2Cases cited1 opinion
- Eslava v. Doe ex dem. Heirs of FarmerSupreme Court of Alabama · 1845
3Cited by4 opinions
- Hogan v. KurtzSupreme Court of the United States · 1877
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Ivey v. BlumSupreme Court of Alabama · 1875
- Booraem v. North Hudson County Railway Co.New Jersey Court of Chancery · 1888