Rose v. Griffin
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. William M. Brooks. This action was brought by Howell Rose, against Martha M. and Bennett S. Griffin, to recover “the south half of section throe, in township nineteen, range nineteen, in the Tallapoosa land-district,” together with damages for its detention. The defendants pleaded not guilty, and made the statutory suggestion as to the erection of valuable improvements under adverse possession for three years.
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Appeal from the Circuit Court of Coosa. Tried before the Hon. William M. Brooks. This action was brought by Howell Rose, against Martha M. and Bennett S. Griffin, to recover “the south half of section throe, in township nineteen, range nineteen, in the Tallapoosa land-district,” together with damages for its detention. The defendants pleaded not guilty, and made the statutory suggestion as to the erection of valuable improvements under adverse possession for three years. The plaintiff' claimed the land under a patent from the United States, dated the 30th June, 1856, signed by the president,…
1Opinion of the Court
WALKER, J.—
The great question of this case is, whether the government of the United States had the powmr to sell the half-sections of land reserved to the heads of families of the Creek tribe of Indians, after the expiration of five years from the ratification of the treaty *724of 24th. March, 1832, with that tribe. The decision of this question must be governed by the character of the estate which the heads of families took under the treaty in the lands selected by them.
The first article of the treaty is in the following words: “The Creek tribe of Indians cede to the United States all their…
2Cases cited6 opinions
- Rowland v. Ladiga's HeirsSupreme Court of Alabama · 1852
- Vaughan v. Vaughan's HeirsSupreme Court of Alabama · 1857
- Corprew v. ArthurSupreme Court of Alabama · 1849
- Chinnubbee v. NicksSupreme Court of Alabama · 1836
- Wells v. ThompsonSupreme Court of Alabama · 1848
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