Butt v. Mastin
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before tbe Hou. William S. Anderson. Statutory action in tbe nature of ejectment by Cary W. Butt, et al., against: appellee, to recover tbe lands described in the complaint, as follows: A portion of tbe east half of the southeast quarter of section 34, township 4, south, range 2 west, commencing at a point 14.29 chains north of the south boundary line of said section 34, and 20 chains west of the section line between sections 34 and…
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Appeal from Circuit Court of Mobile. Tried before tbe Hou. William S. Anderson. Statutory action in tbe nature of ejectment by Cary W. Butt, et al., against: appellee, to recover tbe lands described in the complaint, as follows: A portion of tbe east half of the southeast quarter of section 34, township 4, south, range 2 west, commencing at a point 14.29 chains north of the south boundary line of said section 34, and 20 chains west of the section line between sections 34 and 35; running thence north, along the center line of section 34, 23 chains and 86 links to a- point; thence east, and…
1Opinion of the CourtAnderson, J.
The trial court properly excluded the certificate of the copy from the tract-book, in the office of the judge of probate of Mobile county. As has been heretofore held by this Court, the original patent, or a certified copy of same, is the highest and best evidence of the grant- from the government to the patentee. S § 1812,1813 of the Code of 1896 ; Hammond v. Blue, 132 Ala. 337.
*324We do not think the proof of plaintiffs, that they did not have the original, established the predicate for the introduction of the certificate in question. It was not such a certified copy as would bring it within…
2Cases cited1 opinion
- Hammond v. BlueSupreme Court of Alabama · 1902
3Cited by4 opinions
- Toppins v. OshelWest Virginia Supreme Court · 1955
- Sinclair v. FriedlanderSupreme Court of Georgia · 1944
- Claraday v. AbrahamSupreme Court of Alabama · 1911
- Spragins v. FitcheardSupreme Court of Alabama · 1921