Rosser v. Bradford
Supreme Court of Alabama
Error to Talladega Circuit court, Ejectment — tried before ^hoxkidge,, I, This was an action of trespass, to try the, title tq a tract of land described in the declaration. The suit wag instituted in Talladega county, the seventh of Febrpary, eighteen hundred and thirty-six.
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Error to Talladega Circuit court, Ejectment — tried before ^hoxkidge,, I, This was an action of trespass, to try the, title tq a tract of land described in the declaration. The suit wag instituted in Talladega county, the seventh of Febrpary, eighteen hundred and thirty-six. The case agreed, on which the judgment of the Circuit court was rendered, discloses the following facts: The land in controversy was reserved to one Athlocke, a Creek Indian, by virtue of the second article of the treaty of the twenty-fourth of March, eighteen hundred and thirty-two, made with the Creek tribe of Indians.…
1Opinion of the CourtGoldthwaite, J.
The regularity of the sheriff’s sale and deed to the defendant, is not disputed, or the validity of the judgments and executions under which the levy was made, denied; nor is it pretended that Sutherland acquired any new title, or that any thing occurred to affect the one previously held by him, between the time when the levy was made, and the commencement of this action. These circumstances, naturally enough, wo ild lead to the conclusion, that there was something very peculiar, either in the nature of the title under which the plaintiff seeks a recovery, or that the rules which govern this…
2Cases cited4 opinions
- Jones heirs v. Inge heirsSupreme Court of Alabama · 1837
- Fipps v. M'GeheeSupreme Court of Alabama · 1837
- Chinnubbee v. NicksSupreme Court of Alabama · 1836
- Mundine v. GoldSupreme Court of Alabama · 1837
3Cited by2 opinions
- Dillingham v. BrownSupreme Court of Alabama · 1862
- Bates v. HerronSupreme Court of Alabama · 1859