Dillingham v. Brown
Supreme Court of Alabama
.Appeal from tbe Circuit Court of Russell. Tried before the Hon. Robert Dougherty. This action was brought by George W. Dillingham, against Benjamin G. Brown, to recover an undivided fifth part of a certain tract of land, with damages for its detention and was commenced on the 27th February, 1858. The defendant,pleaded not guilty, with leave to give in evidence any special matter of, defense.
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.Appeal from tbe Circuit Court of Russell. Tried before the Hon. Robert Dougherty. This action was brought by George W. Dillingham, against Benjamin G. Brown, to recover an undivided fifth part of a certain tract of land, with damages for its detention and was commenced on the 27th February, 1858. The defendant,pleaded not guilty, with leave to give in evidence any special matter of, defense. The plaintiff derived title under a patent from the United States, dated the 29th September, 1857,..which recited, that the land was the reservation of a Creek Indian under the treaty of 1832, and that…
1Opinion of the CourtR. W. Walker, J.
This suit was commenced on the 27th February, 185S. The bill of exceptions states, that “ the defendant proved, that he had cleared and built on the tract imt.845, under a tax-title, and had been continually in possession ever since, claiming title;” and as evidence of the tax-title, the deed of W. D. Paylor, tax-collector of Russell county, dated 3d April, 1843, conveying the land to one Kemp, and the quit-claim, deed of Kemp, dated 20th August, 1844, conveying to the defendant, were introduced. It does not appear that there were attesting witnesses to either of these deeds; and this- being…
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