Rowland v. Ladiga
Supreme Court of Alabama
Error to Benton Circuit court. Trespass to try title, tried before Booth, J. Defendant in error brought her action of trespass, to Irecover a half section of land, which she claimed as her reservation, under the treaty with the Creek tribe of Indians, of the 24th March, 1832. Defendant demurred to the declaration, and also plead the general issue. Defendant exhibited in evidence, a patent from the United States, for the land in question.
Read the full summary
Error to Benton Circuit court. Trespass to try title, tried before Booth, J. Defendant in error brought her action of trespass, to Irecover a half section of land, which she claimed as her reservation, under the treaty with the Creek tribe of Indians, of the 24th March, 1832. Defendant demurred to the declaration, and also plead the general issue. Defendant exhibited in evidence, a patent from the United States, for the land in question. Verdict and judgment for the plaintiff below. On the trial, the court charged, that “if plaintiff was the head of a family at the time of making the treaty,…
1Opinion of the CourtGoldthwaite, J.
The omission to state in the *489bill of exceptions, such of the facts in evidence before the jury, as might enable this court to determine the propriety of the instructions requested, prevents us from expressing any opinion on them, — nothing being shown to relieve them from the character of mere abstract propositions.
In this position of the case, we should, so far as the bill of exceptions is concerned, deem it our duty to decline any response to the questions presented, if the Circuit court had not also stated an affirmative charge, as well as its refusal to give the particular one demanded.1…
2Cases cited1 opinion
- Jones heirs v. Inge heirsSupreme Court of Alabama · 1837
3Cited by3 opinions
- Boardman v. ThompsonSupreme Court of Iowa · 1868
- Thurber v. JewettMichigan Supreme Court · 1854
- Greene v. TimsSupreme Court of Alabama · 1849