Legal Opinion

Henry v. Brown

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 19 opinions

Appeal from Circuit Court of Mobile. Tried before the lion. Wm. S. Anderson. Statutory action in the nature of an action of ejectment by the appellant against the appellee. The appellee claimed title by adverse possession, under color of title, and offered in evidence on the trial the following instrument as color of title, and also-to show the extent of his possession under claim of ownership: “State of Alabama,” “Mobile County.”

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Appeal from Circuit Court of Mobile. Tried before the lion. Wm. S. Anderson. Statutory action in the nature of an action of ejectment by the appellant against the appellee. The appellee claimed title by adverse possession, under color of title, and offered in evidence on the trial the following instrument as color of title, and also-to show the extent of his possession under claim of ownership: “State of Alabama,” “Mobile County.” “Know all men by these presents that we the undersigned heirs of the estate of Franklin Brown deceased hereby agree that Michael Morgan Brown and Alexander S. Brown…

1Opinion of the CourtDenson, J.

Statutory ejectment by Mary Henry against Michael Brown to recover the southeast fourth *451of section 14, in .township 3 sonth, of range 4 west, situated in Mobile county.

Plaintiff’s title consisted of a patent from the United States to the State of Alabama issued on the 5th day of March', 1870, embracing the lands in controversy as swamp and overflowed lands, a patent from the State of Alabama, to Thomas Ilenry issued on the 2nd day of. January, 1872, embracing' the lands in controversy, and a certified copy of the will of Thomas Henry deceased, which showed that he devised all of his real…

2Cases cited16 opinions

  1. Cooper v. WatsonSupreme Court of Alabama · 1882
  2. Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
  3. Price v. Mazange & Co.Supreme Court of Alabama · 1858
  4. Black v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
  5. Ward v. WardSupreme Court of Alabama · 1895

11 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Roynica v. StateCourt of Criminal Appeals of Alabama · 1974
  2. Crowder v. Doe ex dem. Tennessee C. I. & R. R. Co.Supreme Court of Alabama · 1909
  3. Bowles v. LowerySupreme Court of Alabama · 1913
  4. Spradling v. MaySupreme Court of Alabama · 1953
  5. Hitt v. CarrIndiana Court of Appeals · 1915

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