Shelton v. Armor
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. Before the Hon. John Bragg. Trespass to try title to a lot of land in Mobile, by the plaintiff in error against the defendant in error.
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Writ of Error to the Circuit Court of Mobile. Before the Hon. John Bragg. Trespass to try title to a lot of land in Mobile, by the plaintiff in error against the defendant in error. Upon the trial, as appears from a bill of exceptions, the plaintiff introduced as a part of his claim of title, a certified copy from the records of the Mobile county court of an instrument from William E. Kennedy to William Ball, dated 29th June, 1820, purporting to convey to him certain land-in Mobile. The certificate of probate is as follows: “ Personally appeared before me, Edward Hale, Esq., a justice of the…
1Opinion of the Court
CHILTON, J.'
The view which we take of this case renders it wholly unnecessary to institute an inquiry into the character of the defendant’s title to the lot sued for. Whether he had any title was a question of no importance until the plaintiff had made out such title as would enable him to sustain the action; for the familiar rule requires, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of his adversary.
Did the plaintiff show such title as would authorize a recovery ? All the conveyances which were offered and read *652to the jury, could…
2Cases cited1 opinion
- Barger v. MillerUnited States Circuit Court · 1822
3Cited by1 opinion
- Dawsey v. KirvenSupreme Court of Alabama · 1919