Nelson v. Weekley
Supreme Court of Alabama
Appeal from Baldwin Circuit Court, Heard before Hon. A. E. Gamble. Ejectment by Lewis B. Weekley against Edgar G. Nelson and others. Judgment for plaintiff, and defendants appeal.
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Appeal from Baldwin Circuit Court, Heard before Hon. A. E. Gamble. Ejectment by Lewis B. Weekley against Edgar G. Nelson and others. Judgment for plaintiff, and defendants appeal. Defendants claim title by adverse possession, and insist that the title from the United States passed to John Weekley in August, 1805, upon the certificate of the Commissioners. — J oplin v. Ghachere, 192 U. S. 94; Lgngdeau v. Haynes, 21 Wall. 521; Morrow v. Whitney, 95 U. S. 551. The court was therefore in error in directing judgment for defendants. The certificate of the Commissioners merely gave Weekley an equity…
1Opinion of the CourtAnderson, J.
The sole question in this case is whether or not the United States parted with the legal title to the land by virtue of the certificate issued by the commissioners to John Weekley in August, 1805, in pursuance of an act of Congress, c. 27, 2 Stat. U. S. p. 229, or did not do so until the issuance of the patent to said Weekley’s heirs in the year 1908. Indeed, it is agreed between counsel that, if the government parted with the legal title in 1805, under the certificate of the commissioners, then there should have been a judgment for the defendants. If, on the other hand, the govern*132,ment had…
2Cases cited4 opinions
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
- Michigan Land & Lumber Co. v. RustSupreme Court of the United States · 1897
- Langdeau v. HanesSupreme Court of the United States · 1875
- Joplin v. ChachereSupreme Court of the United States · 1904
3Cited by8 opinions
- Boone v. Gulf, F. & A. Ry. Co.Supreme Court of Alabama · 1918
- Simonetti v. CarltonAlabama Court of Appeals · 1919
- Nelson v. WeekleySupreme Court of Alabama · 1915
- McArthur v. BrueSupreme Court of Alabama · 1914
- McBee v. StallworthSupreme Court of Alabama · 1929
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