Lessee of Pollard v. Files
Supreme Court of the United States
This case was brought, by writ of error under the 25th section of the Judiciary act, from the Supreme Court of the state of Alabama. • It Was an ejectment, brought by the plaintiff in error, in the Circuit Court of the state of Alabama for Mobile county, to recover a lot in the city of Mobile, on the east side of Water street.
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This case was brought, by writ of error under the 25th section of the Judiciary act, from the Supreme Court of the state of Alabama. • It Was an ejectment, brought by the plaintiff in error, in the Circuit Court of the state of Alabama for Mobile county, to recover a lot in the city of Mobile, on the east side of Water street. By the original plan of the town, a street was laid off, called Water street, on thé margin of the river, running nearly north and south, which was afterwards filled up; and by the improvement, the water, at. high tide, was confined to-the eastern edge of the street.…
1Opinion of the CourtJustice Catron
delivered the .opinion of the court.
For the facts of the case, we refer to the report of it. It presents the same titles, and, substantially, the same facts, that were before this court in Pollard’s heirs v. Kibbie, 14 Peters, 353.
The first'instruction asked by the plaintiff of the state Circuit Court is, that the Spanish grant made to William Pollard was ratified and confirmed by the eighth article, of the treaty with Spain of 1819, by which the Florida’s were acquired. This the court refused to give; and correctly.
It is the settled doctrine of the judicial department of this government,…
2Cases cited2 opinions
- Lessee of Pollard's Heirs v. KibbeSupreme Court of the United States · 1840
- Mayor of Mobile v. EslavaSupreme Court of the United States · 1842
3Cited by15 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Barry v. GambleSupreme Court of the United States · 1845
- Myers v. LongstaffSouth Dakota Supreme Court · 1900
- Webb v. WileySupreme Court of Oklahoma · 1979
- Butler v. SpannMississippi Supreme Court · 1854
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