Johnson v. McGehee
Supreme Court of Alabama
Writ of error to the Circuit Court of Benton county. McGehee & Thomas sued Johnson, in an action of trespass to try titles, to recover a tract of land in Benton county. The writ issued 26lh April, 1S36, and the trial was had at the spring term of the Circuit Court, for the year, 183S. The trial resulted in a verdict and judgment for the plaintiffs.
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Writ of error to the Circuit Court of Benton county. McGehee & Thomas sued Johnson, in an action of trespass to try titles, to recover a tract of land in Benton county. The writ issued 26lh April, 1S36, and the trial was had at the spring term of the Circuit Court, for the year, 183S. The trial resulted in a verdict and judgment for the plaintiffs. To prove their title to the land in controversy, the plaintiffs offered in evidence, a deed from Benjamin Marshall and others, (■who .are named as the assignees of the Creek tribe of Indians, in the instrument hereafter set out,) by which the land…
1Opinion of the CourtGoldthwaite, J.
J. — The several questions of law, which arise out of the bill of exceptions taken at the trial of this case, will be most conveniently answered by considering them in the order in which they were presented before the circuit court :
1. The objections taken against the deed, so far as they relate to its appearance at the time when offered, cannot be noticed ; as the record transmitted to this court, shows neither erasure, interlineation, or blank space. IE the deed was subject to exception for any cause of this description, the precise point ought to have been shown, and the objection…
2Cases cited2 opinions
- Bullock v. WilsonSupreme Court of Alabama · 1837
- Fipps v. M'GeheeSupreme Court of Alabama · 1837
3Cited by11 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Cahall v. Citizens Mutual Building Ass'nSupreme Court of Alabama · 1878
- Green v. JordanSupreme Court of Alabama · 1887
- Caldwell v. Parmer's Adm'rSupreme Court of Alabama · 1876
- Chapman v. HoldingSupreme Court of Alabama · 1877
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