Masters v. Eastis
Supreme Court of Alabama
QUESTIONS IN THIS CASE. As to the collateral impeachment of a patent, issued fir lands. Relative to proceedings in the action of trespass to try title. Wiley Eastis brought his action, of trespass to try title, to certain lands, against Robert Masters, in the Circuit Court of Jefferson ; and on the plea of the defendant, of not guilty, recovered judgment against him.
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QUESTIONS IN THIS CASE. As to the collateral impeachment of a patent, issued fir lands. Relative to proceedings in the action of trespass to try title. Wiley Eastis brought his action, of trespass to try title, to certain lands, against Robert Masters, in the Circuit Court of Jefferson ; and on the plea of the defendant, of not guilty, recovered judgment against him. A bill of exceptions taken in the progress of the' cause, and which was the foundation of its removal to this Court, shewed that on the trial, the plaintiff produced, as evidence, the patent for the land in question, whereby it…
1Opinion of the Court
Hitchcock; C. J.
This was an action of trespass; to try titles, brought by the defendant against the' plaintiff in error, in the Circuit Court of Jefferson bounty. On the trial of the cause in the court below; the plaintiff produced and read a patent from the Unb ted States, for the land in question, and also proved that the defendant was in possession of the premises Sued for before and at the commencement of the suit; and also proved the value of the rents of the laud.
The defendant then offered to prove that the land in bontroversy had been originally entered by the “'plaintiff, who received…
2Cases cited3 opinions
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
- Polk's Lessee v. WendellSupreme Court of the United States · 1820
- Bullock v. WilsonSupreme Court of Alabama · 1835
3Cited by5 opinions
- Cameron v. AbbottSupreme Court of Alabama · 1857
- Knabe v. BurdenSupreme Court of Alabama · 1889
- Falkner v. JonesSupreme Court of Alabama · 1847
- Phillips v. ShermanSupreme Court of Alabama · 1860
- Webb v. HaleyTennessee Supreme Court · 1874