Kennedy v. Heirs of M'Cartney
Supreme Court of Alabama
This was an action of trespass to try titles, in the Circuit Court of Madison; and was prosecuted by the next friend of the heirs of James M’Cartney, against William M. Kennedy and Elisha Moreland, for the recovery of a tract of land, known and describe ed as the reservation of Conaleskee, or Challenge, a Cherokee Indian.
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This was an action of trespass to try titles, in the Circuit Court of Madison; and was prosecuted by the next friend of the heirs of James M’Cartney, against William M. Kennedy and Elisha Moreland, for the recovery of a tract of land, known and describe ed as the reservation of Conaleskee, or Challenge, a Cherokee Indian. The defendant, Kennedy, plead — first, not guilty ; second, a special plea, controverting the title of the plaintiffs in the land in question, and setting out a title in fee simple, from Conaleskee to him, of date the first bf April, eighteen hundred and twenty-nine, and…
1Opinion of the CourtCollier, J.
— The defendants in error, as the ■heirs at law of James M’Cartney, deceased, brought an action of trespass to try titles, in the Circuit Court of Madison, against the plaintiffs in error.
The defendants to make out their title, relied upon treaties of the eighth of July, eighteen hundred and seventeen, and the twenty-seventh of February, eighteen hundred and nineteen, between the United States and Cherokee tribe of Indians, which allowed reservations of six hundred and forty acres to the heads of families of that tribe, who desire to remain east of the Mississippi. The defendants in error…
2Cited by9 opinions
- McMahon v. WilliamsSupreme Court of Alabama · 1885
- Heirs of Holliman v. PeeblesTexas Supreme Court · 1846
- Threefoot Bros. & Co. v. HillmanSupreme Court of Alabama · 1900
- Sayre v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1894
- Sisson v. SwiftSupreme Court of Alabama · 1942
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