Baker v. Heirs of Chastang
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of ejectment, instituted by the defendant against the plaintiffs in error, to recover a lot and improvements in the city of Mobile.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of ejectment, instituted by the defendant against the plaintiffs in error, to recover a lot and improvements in the city of Mobile. The lessors of the plaintiff below, as shown by the bill of exceptions, are the children of Eugene Chastang, deceased, who was a brother of Mrs. Elizabeth Gannard, formerly Elizabeth Chastang, under whom they claimed the premises in controversy as her heirs at law, she having died without issue. It appears that Joseph Chastang, the father of Mrs. Gannard, died many years…
1Opinion of the CourtChilton, J.
This case has been elaborately argued, and we have examined with care the numerous authorities, to which we are refered by the respective counsel.
As some of the. points raised have been ably discussed in the decisions, to which reference is made, we shall content ourselves with merely stating, as succinctly as we can, our conclusion upon them, without entering at large into their discussion, but there are other points of more difficulty, and which will require.a more elaborate investigation. 1. It is well settled that the plaintiff in ejectment may declare for the whole, or the entire…
2Cases cited11 opinions
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Frier v. Jackson ex dem. Van AllenCourt for the Trial of Impeachments and Correction of Errors · 1811
- Doe ex dem. Marston v. ButlerNew York Supreme Court · 1829
- Johnson v. Yates' DeviseesCourt of Appeals of Kentucky · 1839
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Armstrong v. LettySupreme Court of Oklahoma · 1922
- Meredith v. StateSupreme Court of Alabama · 1877
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Sisson v. SwiftSupreme Court of Alabama · 1942
9 more not listed; retrieve them via the Exa API.