Doe ex dem. Pollard's heirs v. Files
Supreme Court of Alabama
THIS was an action of ejectment in the Circuit Court of • Mobile, at the suit of the plaintiffs against the defendant, for the recovery of “a messuage or lot of land,” situate in the city of Mobile. The defendant being admitted to defend the action, instead of the tenant in possession, confessed lease, entry and ouster, and relying on the title only, pleaded “not guilty.”
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THIS was an action of ejectment in the Circuit Court of • Mobile, at the suit of the plaintiffs against the defendant, for the recovery of “a messuage or lot of land,” situate in the city of Mobile. The defendant being admitted to defend the action, instead of the tenant in possession, confessed lease, entry and ouster, and relying on the title only, pleaded “not guilty.” He-also, according to the statute, in such case provided, suggested, that since the 8th January, 1830, he had made improvements on the premises in controversy, of the value of ten thousand dollars ; under the belief that his…
1Opinion of the CourtCoblier, C. J.
1. The question, whether the 8th article of the treaty of amity, settlement and limits, concluded between the United States and the King of Spain, on the 22d February 1819, ratifies and confirms all the grants of land, made before the 24th January 1818, by his Catholic Majesty, or by his law' *50ful authority, in .the territories ceded by His Majesty to the United States, is no longer an open question. The case of Foster and Elam v. Neilson, (2 Peters Rep. 254,) expressly decides, that all grants made by the Spanish authorities, of any portion of the lands ceded to the United States, by the…
2Cases cited4 opinions
- Ross v. Doe on the Demise of BarlandSupreme Court of the United States · 1828
- Garcia v. LeeSupreme Court of the United States · 1838
- Lessee of Pollard's Heirs v. KibbeSupreme Court of the United States · 1840
- Keene v. WhitakerSupreme Court of the United States · 1840
3Cited by5 opinions
- Crommelin v. MinterSupreme Court of Alabama · 1846
- Bryan v. ShirleyTexas Supreme Court · 1880
- Leverich v. Mayor of MobileU.S. Circuit Court for the District of Southern Alabama · 1867
- Doe ex dem. Pollard's Heirs v. GreitSupreme Court of Alabama · 1846
- Witherspoon v. OlcottCourt of Appeals for the Fifth Circuit · 1902