Legal Opinion

Stewart v. Trenier

Supreme Court of Alabama

Decided June 15, 1873PublishedCited by 2 opinions

Appeal from tbe Circuit Court of Mobile. Tried before the Hon. John Elliott. This action was brought by Isabella P. Stewart and Wesley, W. McGuire (the latter suing as the administrator of the estate of Eleanor M. Cannon, deceased), against John Trenier, to recover the possession of a tract of land which was described in the complaint as “ Shares designated as one, two, three, and five, comprising four fifths of fractional section nineteen, and section twenty, in township…

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Appeal from tbe Circuit Court of Mobile. Tried before the Hon. John Elliott. This action was brought by Isabella P. Stewart and Wesley, W. McGuire (the latter suing as the administrator of the estate of Eleanor M. Cannon, deceased), against John Trenier, to recover the possession of a tract of land which was described in the complaint as “ Shares designated as one, two, three, and five, comprising four fifths of fractional section nineteen, and section twenty, in township seven south, and range one west,” and which the plaintiffs claimed as tenants in common. The land in controversy is a part…

1Opinion of the CourtB. F. Saffold, J.

— The action was ejectment, brought by the appellants against the appellee, and decided in favor of the defendant, under charges of the court. The land in controversy is a portion of Mon Louis Island, which is formed by Fowl River and Mobile Bay. The plaintiffs deduced their title from Nicholas Baudin, and the defendant from Henry Francois. The question is, which of the two had the better title. The following is an abstract of their respective titles. [The material facts, as above set forth, were here stated at length.]

On the 10th February, 1763, by a treaty signed at Paris, France, by virtue…

2Cases cited6 opinions

  1. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  2. United States v. PerchemanSupreme Court of the United States · 1833
  3. United States v. ReynesSupreme Court of the United States · 1850
  4. Burgess v. GraySupreme Court of the United States · 1854
  5. McCabe v. WorthingtonSupreme Court of the United States · 1854

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3Cited by2 opinions

  1. Trenier v. StewartSupreme Court of the United States · 1880
  2. Trenier v. StewartSupreme Court of Alabama · 1876

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