Phillips v. Sherman
Supreme Court of Alabama
Appjsal from the Circuit Courtof Mobile. Tried before the Hon. Wi. S. Mudd. This action was brought by Charles E. Sherman, Joseph H. Russell, and Emma Russell, his wife, against Eldridge R. S. Carter, to recover a lot in the city of Mobile, which was described as a part of section forty-five, township four south, range one west, in the district of lands subject to sale at St. Stephens. Elam Phillips was made a defendant, as the landlord of Carter, and pleaded not guilty.
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Appjsal from the Circuit Courtof Mobile. Tried before the Hon. Wi. S. Mudd. This action was brought by Charles E. Sherman, Joseph H. Russell, and Emma Russell, his wife, against Eldridge R. S. Carter, to recover a lot in the city of Mobile, which was described as a part of section forty-five, township four south, range one west, in the district of lands subject to sale at St. Stephens. Elam Phillips was made a defendant, as the landlord of Carter, and pleaded not guilty. The plaintiffs derived title under a patent from the United States, dated the 10th November, 1854, which purported to be…
1Opinion of the CourtA. J. Walker, C. J.
Joseph H. Young, one of the grantees of the United States in the patent of 10th November, 1854, died before the date of the patent. But, by virtue of the act of congress of 20th May, 1836, the title enured to, and became vested in, his heir. — 5 U. S. Statutes at Large, 31; Schedda v. Sawyer, 4 McLean, 181. The only child of Young was, therefore, a proper party plaintiff in this suit, as the owner of the title nominally bestowed by the patent upon her deceased father.
[2.] By the act of congress of 26th August, 1842, “John Pratt, or his legal representative.” was authorized to enter the locus…
2Cases cited6 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Bagnell v. BroderickSupreme Court of the United States · 1839
- Crommelin v. MinterSupreme Court of Alabama · 1846
- Masters v. EastisSupreme Court of Alabama · 1836
- Schedda v. SawyerU.S. Circuit Court for the District of Ohio · 1846
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