Doe ex dem. Farmer's Heirs v. Eslava
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. This was an action of ejectment for the recovery of real estate, situated in the city of Mobile, and particularly described in the declaration. The defendant entered into the usual consent rule, and the cause was tried upon the plea of “not guilty,” a verdict returned for the defendant, and judgment rendered accordingly. On the trial, the plaintiffs excepted to the ruling of the court.
Read the full summary
Appeal from the Circuit Court of Mobile. This was an action of ejectment for the recovery of real estate, situated in the city of Mobile, and particularly described in the declaration. The defendant entered into the usual consent rule, and the cause was tried upon the plea of “not guilty,” a verdict returned for the defendant, and judgment rendered accordingly. On the trial, the plaintiffs excepted to the ruling of the court. To make out their case, the plaintiffs gave in evidence “ the French patent to Gron-dell, marked A. Proceedings from the land office on this claim, B. The report of the…
1Opinion of the CourtCollier, C. J.
The objections of the plaintiff to the documentary proof of the defendant, was rightly overruled. By the act of 1803, the Governor was required to appoint and commission some person to keep, translate and preserve the records of the office of clerks and recorders which were kept *1038during the administration of the Spanish government, with authority to make and certify copies of the same under his official hand and seal. [Toulm. Dig. 239, § 23.] The act of 1816 provides, that the keeper and translator of these records shall cause them to be transcribed in books, &c.; that copies shall be given…
2Cases cited3 opinions
- Kirk and Others, in Error v. Smith, Ex. Dem. Penn, in ErrorSupreme Court of the United States · 1824
- Henthorn v. DoeIndiana Supreme Court · 1822
- Eslava v. Doe ex dem. Heirs of FarmerSupreme Court of Alabama · 1845
3Cited by27 opinions
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- City of Pella v. ScholteSupreme Court of Iowa · 1868
- Walker v. CrawfordSupreme Court of Alabama · 1881
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
22 more not listed; retrieve them via the Exa API.