Stephens v. Westwood
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. Robert Dougherty. Trespass to try titles to a certain tract of land, between John Westwood and Theophilus Stephens, both of whom claimed under patents from the United States.
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Appeal from the Circuit Court of Chambers. Tried before the Hon. Robert Dougherty. Trespass to try titles to a certain tract of land, between John Westwood and Theophilus Stephens, both of whom claimed under patents from the United States. At the January term, 1852, of the Supreme Court, a former judgment of the Circuit Court was reversed, and the cause remanded. — • •See 20 Ala, 275. Another trial was bad, as appears by the present record, at the Spring term, 1854, when the jury returned thefollowing verdict: “We, the jury, find the land mentioned in the plaintiff’s declaration belongs to…
1Opinion of the CourtChilton, C. J.
The United States, being the source of title, had the right to dispose of and issue a patent for the land in controversy according to law ; but having issued two patents to different claimants, the question is, to whom did it pass the title ?
The transcripts from the General Land Office and the Indian Bureau of the Department of the Interior were properly received in evidence, being copies of what appeared on file in those departments, properly certified under the seal of such departments by the proper officers.
These showed that the land in controversy was assigned to a Creek Indian as her…
2Cases cited2 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Crommelin v. MinterSupreme Court of Alabama · 1846
3Cited by7 opinions
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Murphy v. BennettCalifornia Supreme Court · 1886
- Dillingham v. BrownSupreme Court of Alabama · 1862
- Holmes v. StateSupreme Court of Alabama · 1895
- Watson v. PrestwoodSupreme Court of Alabama · 1885
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