Brue v. McMillan
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Ejectment by T. E. Brue against Thomas N. McMillan. Judgment for defendant and plaintiff appeals. The patent was not properly executed and was void, and hence, the court erred in permitting defendant to introduce the patent purporting to have been executed by the Governor by his secretary. — So.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Ejectment by T. E. Brue against Thomas N. McMillan. Judgment for defendant and plaintiff appeals. The patent was not properly executed and was void, and hence, the court erred in permitting defendant to introduce the patent purporting to have been executed by the Governor by his secretary. — So. By. v. Cleveland, 53 South. 767. Under the evidence, the patent must have had the effect to avail defendant as a valid evidence of title — Hughes v. Anderson, 79 Ala. 209. A subsequent act cannot alter the law as it existed on…
1Opinion of the CourtSayre, J.
The judge of the law and equity court of Mobile, a court exercising jurisdiction in Mobile county only, signed the bill of exceptions in this case while in *419Clarke county, and this fact gives appellee occasion for a motion to strike. In Rainey v. Ridgeway, 151 Ala. 532, 43 South. 843, decided at a time when, under the statute, judges might extend the time for signing bills of exception, the bill was stricken, because the judge of probate made the order extending the time for a bill while absent from his county; this on the ground that the judicial power of probate judges is limited to the…
2Cases cited7 opinions
- Jordan v. McClure Lumber Co.Supreme Court of Alabama · 1910
- Rainey v. RidgewaySupreme Court of Alabama · 1907
- Brannan v. HenrySupreme Court of Alabama · 1912
- Ex parte NelsonSupreme Court of Alabama · 1878
- Tapia v. WilliamsSupreme Court of Alabama · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Montgomery v. MerrillSupreme Court of Alabama · 1928
- Board of Education of Escambia County v. WattsAlabama Court of Appeals · 1922
- Luther v. LutherSupreme Court of Alabama · 1924
- Stone v. State Ex Rel. CourtneySupreme Court of Alabama · 1936
- Rogers v. DaughdrillSupreme Court of Alabama · 1913
1 more not listed; retrieve them via the Exa API.