Legal Opinion

Jones' Heirs v. Walker

Supreme Court of Alabama

Decided January 15, 1872PublishedCited by 6 opinions

Appeal from the Circuit Court of Macon. Tried before the Hon. F. S. Ferguson, an attorney of the court, (Revised Code, § 758,) in consequence of the incompetency of the presiding judge, who was disqualified by interest.

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Appeal from the Circuit Court of Macon. Tried before the Hon. F. S. Ferguson, an attorney of the court, (Revised Code, § 758,) in consequence of the incompetency of the presiding judge, who was disqualified by interest. This action was brought by Seaborn Jones in his lifetime, against Mrs. Mary E. Walker, to recover the possession of a half-section of land in said county; was commenced on the 20th November, 1862, was revived in the name of' the plaintiff’s heirs-at-law, at the March term, 1870, and was tried at that term, on issue joined on the plea of- not guilty. In consequence of the…

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

The suit, in the nature of ejectment, was instituted by the appellants against the appellees. The source of title of both parties was a sale of the land made by an Indian reservee to Zimmerman and Freeman. The defendant was a purchaser from Willis, who bought Freeman’s half interest at a sale under execution in 1852; The plaintiffs claimed under a title from the United States, made in November, 1856, hi consideration of a purchase by them ancestor, Jones, from Zimmerman and Freeman, who conveyed to him by separate quit-claim deeds, the first in 1855, and the other in 1856. The de*183fendant was…

2Cases cited4 opinions

  1. Baker v. Heirs of ChastangSupreme Court of Alabama · 1850
  2. Jones heirs v. Inge heirsSupreme Court of Alabama · 1837
  3. Iverson v. DuboseSupreme Court of Alabama · 1855
  4. King v. StevensSupreme Court of Alabama · 1850

3Cited by6 opinions

  1. Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
  2. Hood v. JohnstonSupreme Court of Alabama · 1924
  3. Reese v. NolanSupreme Court of Alabama · 1892
  4. Chastang v. Washington Lumber & Turpentine Co.Supreme Court of Alabama · 1958
  5. Whittle v. ArtisU.S. Circuit Court for the District of Southern Ohio · 1893

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