Lowery v. Baker
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. Osceola Kyle. This is a statutory action in the nature of the action of ejectment, brought by the appellee, Raker, against the appellant, Lowery, and ivas commenced on the 26th day of April, 1902. Lowery was holding under the appellant McPherson, as tenant, and at the trial term, McPherson, was made a party and allowed to come in and defend. The plaintiff claimed title through Martha.
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Appeal from the Circuit Court of Cullman. Tried before the Hon. Osceola Kyle. This is a statutory action in the nature of the action of ejectment, brought by the appellee, Raker, against the appellant, Lowery, and ivas commenced on the 26th day of April, 1902. Lowery was holding under the appellant McPherson, as tenant, and at the trial term, McPherson, was made a party and allowed to come in and defend. The plaintiff claimed title through Martha. J. Baker, as follows, by quit claim deed, executed October 9,190'), and by ivarranty deed executed April 22, 1902. Martha J. Baker claimed under…
1Opinion of the CourtMcCLELLAN, C. J.
The holder of a certificate of a homestead entry in possession of the land, cannot defend against an action of- ejectment brought by the grantee in fee of the United States, whether plaintiff’s patent was issued before or after the issuance of the certificate. Section 1813 of the Code of 1896 is not intended to operate, nor is it competent for the legislature to make it operate to pass the title of the General Government by such a certificate. — Knabe v. Burden, 88 Ala. 436.
*602That title to the land involved in this action passed by the patent in evidence into Mrs. Baker, and had she been the…
2Cases cited3 opinions
- Murray v. HoyleSupreme Court of Alabama · 1890
- Knabe v. BurdenSupreme Court of Alabama · 1889
- Probst v. BushSupreme Court of Alabama · 1896
3Cited by3 opinions
- Price v. DennisSupreme Court of Alabama · 1909
- Nelson v. WeekleySupreme Court of Alabama · 1915
- Kelsey v. Lake Childs Co.Supreme Court of Florida · 1927