Doe, ex dem. Tillman v. Long & Freeman
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty, The lessors of the plaintiff in this case, claiming as heirs-at-law of oneEannin, offered in evidence the deed of a Creek Indian, conveying the land in controversy, which was reserved to him under the treaty of March 24, 1832, to Eannin k Howell.
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Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty, The lessors of the plaintiff in this case, claiming as heirs-at-law of oneEannin, offered in evidence the deed of a Creek Indian, conveying the land in controversy, which was reserved to him under the treaty of March 24, 1832, to Eannin k Howell. This deed, or contract, is in the usual form of such instruments, and is expressed to be “ subject to the certifying agent, and to the approval of the president of the United States, agreeably to the provisions of the treaty aforesaid”; and an endorsement on it is in…
1Opinion of the CourtWalker, J.
The certificate of J. R. Poinsett, secretary of war, endorsed on a deed, and not under the seal of his department, that the deed had been approved by the president, is not evidence of the fact of the president’s approval. The deed offered in evidence in this case was one made in 1834, by a Creek Indian, conveying his reservation under the treaty of 24th March, 1832; and does not convey the title, without the president’s approval. Therefore, the court did not err in excluding the deed from the jury. The clear and indisputable principle, that “the president speaks and acts through the heads of…
2Cases cited2 opinions
- Brown v. ChambersSupreme Court of Alabama · 1848
- Fipps v. M'GeheeSupreme Court of Alabama · 1837
3Cited by2 opinions
- Black v. WaltonSupreme Court of Arkansas · 1877
- Jeans v. LawlerSupreme Court of Alabama · 1858