Bonner v. Lockhart
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard, before Hon. J. J. Curtis. Ejectment by J. H. Lockbart against Robert Bonner. Judgment for plaintiff and defendant appeals. Under the 30tb Stat. U. S. 837, sec. 2, the defendant should have been permitted to prove that when the state’s selection was filed and patent issued, that these lands were not unoccupied and uninhabited.
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Appeal from Walker Circuit Court. Heard, before Hon. J. J. Curtis. Ejectment by J. H. Lockbart against Robert Bonner. Judgment for plaintiff and defendant appeals. Under the 30tb Stat. U. S. 837, sec. 2, the defendant should have been permitted to prove that when the state’s selection was filed and patent issued, that these lands were not unoccupied and uninhabited. It was beyond the poAver of the court to inquire into or set aside the patent to the state. — 164 U. S. 559; 200 U. S. 321; 200 U. S. 602; 209 U. S'. 447.
1Opinion of the CourtMcCLELLAN, J.
Statutory ejectment, by appellee against appellant. The plaintiff claims title under a deed from the state of Alabama.
On February 18, 1899, the following act was ap: proved:
“An act to grant lands to the state of Alabama for the use of the Industrial School for Girls of Alabama and of the Tuskegee Normal and Industrial Institute.
“Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the Governor of the state of Alabama be, and he is hereby, authority to select, out of the unoccupied and uninhabited lands of the United States within…
2Cases cited3 opinions
- French v. FyanSupreme Court of the United States · 1876
- Rogers Locomotive MacHine Works v. American Emigrant Co.Supreme Court of the United States · 1896
- McCormick v. HayesSupreme Court of the United States · 1895
3Cited by1 opinion
- Bonner v. LockhartSupreme Court of Alabama · 1931