Barger v. Miller
United States Circuit Court
[At law. Ejectment by lessee of Barger, against Miller.] The lesser of the plaintiff claimed under a warrant and survey, dated in 1701, in the name of Daniel Falkner, styled the agent for the German purchasers, for upwards of twenty-two thousand acres, and a conveyance by Falkner in 1708, of the whole tract to J. H. Sprogle. The lessor of the plaintiff is one of the heirs of Sprogle, and claims one fifth of one eighth of the whole of the above tract.
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[At law. Ejectment by lessee of Barger, against Miller.] The lesser of the plaintiff claimed under a warrant and survey, dated in 1701, in the name of Daniel Falkner, styled the agent for the German purchasers, for upwards of twenty-two thousand acres, and a conveyance by Falkner in 1708, of the whole tract to J. H. Sprogle. The lessor of the plaintiff is one of the heirs of Sprogle, and claims one fifth of one eighth of the whole of the above tract. The defendant offered in evidence, in support of his title to the land now in dispute, an exemplification of certain articles of agreement,…
1Opinion of the Court
WASHINGTON, Circuit Justice,
charged the jury. The first, and most important question for your decision is, whether the plaintiff has made out such a title to the land now in controversy as will authorise you to give a verdict in his favour? If he has not, your verdict ought to be for the defendant, however imperfect his title may be. The first question is one purely of law; and the opinion of the court is, that the title of the plaintiff is altogether defective. We go back to the year 1732, at which time the title of J. H. Sprogel to the large tract of land, of which that in question was a…
2Cited by2 opinions
- Self v. HerringtonSupreme Court of Alabama · 1847
- Shelton v. ArmorSupreme Court of Alabama · 1848