Lessee of William L. Brown and Wife, in Error v. Joseph Clements and Jonathan Hunt, in Error
Supreme Court of the United States
This case was brought up, by writ of error, under .the twenty-fifth.section of the Judiciary Act, from the' Supreme Court of the state of Alabama. It was an ejectment, brought by the plaintiffs in error to recover acres of land, in the possession of Clements as the tenant of Hunt. The plaintiff claimed title through a patent to James Ethe-ridge, and the defendants through a patent to W. D. Stone.
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This case was brought up, by writ of error, under .the twenty-fifth.section of the Judiciary Act, from the' Supreme Court of the state of Alabama. It was an ejectment, brought by the plaintiffs in error to recover acres of land, in the possession of Clements as the tenant of Hunt. The plaintiff claimed title through a patent to James Ethe-ridge, and the defendants through a patent to W. D. Stone. Both Etheridge and Stone claimed as pre-emptioners under the act of Congress, passed on the 29th of May, 1830. The question depended upon the manner in which the fractional section twenty-two, in…
1Opinion of the CourtJustice McKINLEY
delivered-the opini'on.of the court.
This case conies before this court on a writ of error to the Supreme Court of the state of Alabama..
! The plaintiffs brought an action of ejectment against the defendants, in the Circuit Court for the county of Mobile, in said state; and upon the trial, they read'in evidence the following claim and'entry: 44 To the register and receiver of the Land-office at St. Stephen’s: You will please'to take’notice, that I,. James jEtheridge, of Mobile county, Alabama, claim the right of pre-emption, under the -act of Congress, of the 29th qf May, ,1830, to- the’…
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