James v. Tait
Supreme Court of Alabama
Error to Clarke Circuit court. Trespass quare'clausum, tried by Pickens, J. This was an action of trespass, to try title to a tract of land, brought by the defendant, against the plaintiffs in error.
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Error to Clarke Circuit court. Trespass quare'clausum, tried by Pickens, J. This was an action of trespass, to try title to a tract of land, brought by the defendant, against the plaintiffs in error. The writ was in trespass, and the cause of action was thus endorsed: “This action is brought to recover damages of the defendant, for unlawfully, and with force and arms, breaking and entering a certain close of the plaintiffs, to' wit, the west fraction of section thirty:six, of township five, range three, east, in the district of St. Stephens', lying in the county of Clarke, aforesaid, and…
1Opinion of the CourtOrmond, J.
— It appears from the bill of" exceptions, that the bond from Newman to the plaintiff in'error, was offered in evidence, as establishing a title to the land in controversy, in the plaintiff in error. It appears to be a promise on the part of Newman, to'make a title in fee simple to the land, or some portion of it, to the plaintiff in error, at some future time, provided he could obtain the passage of an act- of Congress, authorising him so to do; and that failing to obtain such act, he would indemnify him for his advance of money, by a mortgage on a negro woman.
It is hot necessary to enquire,…
2Cited by2 opinions
- State v. Alabama Public Service CommissionSupreme Court of Alabama · 1975
- Blunt v. StrongSupreme Court of Alabama · 1877