Knabe v. Burden
Supreme Court of Alabama
Appeal from the Circuit Court of Eandolpb. Tried before the Hon. Jas. E. Dowdell. This action was brought by Julian P. Knabe, against Calvin J. Burden, to recover the possession of a tract of land, which was described in the complaint as “Fraction C, in section 17, township 22, range 13, in said county;” and was commenced on the 14th April, 1887. The plaintiff claimed the land under a certificate of entry dated December 2d, 1885, which purported to be issued from “Begister’s…
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Appeal from the Circuit Court of Eandolpb. Tried before the Hon. Jas. E. Dowdell. This action was brought by Julian P. Knabe, against Calvin J. Burden, to recover the possession of a tract of land, which was described in the complaint as “Fraction C, in section 17, township 22, range 13, in said county;” and was commenced on the 14th April, 1887. The plaintiff claimed the land under a certificate of entry dated December 2d, 1885, which purported to be issued from “Begister’s Office at Montgomery, Ala., and was signed by “A. A. Mabson, receiver;” and in which the land was described as…
1Opinion of the CourtSomebville, J.
The title of the plaintiff to the land in controversy is based on a certificate of entry, issued by the register of the United States local land-office at Montgomery, which instrument bears date December 2d, 1885. The statute provides, that such a certificate, when lawfully issued, shall “vest the legal title in the holder, or his assignee, and must be received as evidence of such title.” Code, 1886, §2782; Case v. Edgeworth, 87 Ala. 204. This statute does not differ in substance from the act of 1812, which was construed to confer on the holder of the certificate such a title as to maintain…
2Cases cited20 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Deffeback v. HawkeSupreme Court of the United States · 1885
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
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3Cited by10 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Carl v. StateSupreme Court of Alabama · 1899
- Hammond v. BlueSupreme Court of Alabama · 1902
- Stringfellow v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1897
- Fuller v. KnightSupreme Court of Alabama · 1941
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