Abbot's ex'r v. Doe ex dem. Kennedy
Supreme Court of Alabama
Whit of Error to the Circuit Court of Mobile. This was an action of ejectment brought by the defendant in en-rol- for the recovery of a « certain lot of ground” situate in the city of Mobile. The defendent below was admitted to defend as the landlord of the tenants in possession, and confessing lease, entry and ouster, the cause was tried on the plea of not guilty. At the trial the defendant excepted to the ruling of the court.
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Whit of Error to the Circuit Court of Mobile. This was an action of ejectment brought by the defendant in en-rol- for the recovery of a « certain lot of ground” situate in the city of Mobile. The defendent below was admitted to defend as the landlord of the tenants in possession, and confessing lease, entry and ouster, the cause was tried on the plea of not guilty. At the trial the defendant excepted to the ruling of the court. The plaintiff to make out his title, offered in evidence a record from the Land Office at St. Stephens, of the claim of McBoy, also a deed from McBoy to Joshua Kennedy…
1Opinion of the CourtCollier, C. J.
The act of Congress of 1818, authorised the President of the United States, whenever, in his opinion, it was consistent with the public interest, to cause the ground whereon Fort Charlotte at Mobile stood, to be surveyed, and laid off into lots, with suitable streets, &c.; and when thus surveyed to sell the lots at public sale. The defendant, in right of his testator, deduced a title to several of these lots, under the purchasers at the government sale, and claims the premises in question as a riparian proprietor. That the property sought to be recovered was below high water mark at the time…
2Cases cited4 opinions
- United States v. PerchemanSupreme Court of the United States · 1833
- Garcia v. LeeSupreme Court of the United States · 1838
- De La Croix v. ChamberlainSupreme Court of the United States · 1827
- Keene v. WhitakerSupreme Court of the United States · 1840
3Cited by8 opinions
- United States v. TurnerCourt of Appeals for the Fifth Circuit · 1949
- State v. GillSupreme Court of Alabama · 1953
- Magee v. Doe ex dem. HallettSupreme Court of Alabama · 1853
- Reid v. STATE, ETC.Supreme Court of Alabama · 1979
- Leverich v. Mayor of MobileU.S. Circuit Court for the District of Southern Alabama · 1867
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