Alabama v. Schmidt
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP ALABAMA. The facts are stated in the opinion. Sections 16 in this State were granted by Congress to the inhabitants of the several townships for the specific use of schools.
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ERROR TO THE SUPREME COURT OP THE STATE OP ALABAMA. The facts are stated in the opinion. Sections 16 in this State were granted by Congress to the inhabitants of the several townships for the specific use of schools. Acts of March 2, 1819, 3 Stats. 489, and March 2, 1827, 4 Stats. 237. This grant which was in the form of a proposal to the people of the Alabama Territory,, the acceptance of which was a prerequisite for the admission of the State into the Union, was accepted, as made, by the inhabitants of the State, in convention assembled, on August 2, 1819. Ordinance, Const. Conv. of 1819; 1…
1Opinion of the CourtJustice Holmes
This is a suit brought by the State of Alabama to recover possession of a specified part of Section 16, Township 17, Range 5, Talladega County. It was agreed that the land was a part of the sixteenth section school lands given to the State by the act of March 2, 1819, c. 47, § 6, 3 Stat. 489, 491, and still belonged to the State if the defendant had not got a title by adverse possession, which it was agreed the defendant had if the statutes of Alabama limiting suits like the present to twenty years were valid. The trial court ruled that the statutes were valid and ordered judgment for thé…
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