Doe ex dem. Kennedy v. Bebee
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. This was an action of ejectment, at the suit of the plaintiff in error. The usual consent rule being entered into, the cause was tried on the plea of not guilty.
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Writ of Error to the Circuit Court of Mobile. This was an action of ejectment, at the suit of the plaintiff in error. The usual consent rule being entered into, the cause was tried on the plea of not guilty. From a bill of exceptions, sealed at the instance of the plaintiff, it appears, that to make out his case, he introduced a Spanish concession to William McYoy, dated in November, 1806, which had been laid before the commissioner appointed under the act of Congress of the 25th April, 1812, whose report was adverse to its allowance. This claim was again presented to the Register and…
1Opinion of the CourtCollier, C. J.
We do not propose to inquire, whether the defendants, as the proprietors of the eastern lots upon the site of Fort Charlotte, are entitled to the soil that may be formed upon the contiguous shore in their front, either by natural causes or art. *912What we said on this subject in the Mayor, &c. of Mobile v. Eslava, 9 Porter’s Rep. 587, though it may be correct as a legal proposition, we should be inclined to treat as a mere obiter dictum, rather than an authoritative decision of a point which influenced the judgment of the court. In Abbot’s Ex’r v. Doe ex dem Kennedy, 5 Ala. Rep. 393, the record…
2Cases cited2 opinions
- Abbot's ex'r v. Doe ex dem. KennedySupreme Court of Alabama · 1843
- Hallett v. Doe ex dem. HuntSupreme Court of Alabama · 1845
3Cited by3 opinions
- John Goodtitle v. Gaius KibbeSupreme Court of the United States · 1850
- Mobile Transportation Co. v. City of MobileSupreme Court of Alabama · 1900
- United States v. Property on Pinto IslandDistrict Court, S.D. Alabama · 1947