Iverson v. Dubose
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. Nat. Cook. This action of ejectment (Code, §§ 2209, 2210) was brought by the appellants, Alfred Iverson and Alex. J. Robinson, to recover an undivided moiety of the east half of section twenty-three (23), in township twelve (12), range twenty-eight (28), east.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. Nat. Cook. This action of ejectment (Code, §§ 2209, 2210) was brought by the appellants, Alfred Iverson and Alex. J. Robinson, to recover an undivided moiety of the east half of section twenty-three (23), in township twelve (12), range twenty-eight (28), east. The bill of exceptions is as follows :— “ On the trial of this cause, the parties agreed that the pleadings should be considered as filed, so as to allow any evidence to go to the jury which was legal and admissible in such actions. Thereupon the plaintiffs introduced in…
1Opinion of the Court
CHILTON, O. J.
The Indian reservee had a legal right to occupy the land in controversy under the treaty of 24th March, 1832, and to maintain an action at law for its recovery, if improperly kept out of possession. — Ladiga v. Rowland, 2 How. (U. S.) Rep. 581. The treaty also conferred power upon the reservee to convey his reservation, for a fair consideration, to any other person, in such manner as the President of the United States should direct. The conveyance, however, was required to be certified by some person appointed by the President, and was not to be valid until the President…
2Cited by10 opinions
- Prestwood v. WatsonSupreme Court of Alabama · 1895
- Farley v. SmithSupreme Court of Alabama · 1863
- Swann & Billups v. GastonSupreme Court of Alabama · 1888
- Tarver v. SmithSupreme Court of Alabama · 1861
- Bates v. HerronSupreme Court of Alabama · 1859
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