ENDo ex dem. Stevens v. King
Metadata
Case Number: 2910
Location: SC00189
Court Term: 1852 June
Catalog Record: http://archives-alabama-primo.hosted.exlibrisgroup.com/01ALABAMA:default_scope:01ALABAMA_ALMA215682820002743
Collection Creator: Alabama. Supreme Court
Decision Date: 1852 July 29
Description: In the manuscript records, one of the parties surnames is spelled "Nuckols" (instead of "Nuchols," as in the published report). This case is summarized in Alabama Reports, volume 21, pages 429 through 433. Excerpt from the report: Error to the Circuit Court of Macon. Tried before the Hon. Robert Dougherty. Ejectment by Stevens against King. It appears from the bill of exceptions, that the plaintiff relied on a deed from the sheriff, the land having been sold under execution against Thomas Jennings, Jr., on a judgment rendered in the Circuit Court in 1832, and purchased by plaintiff. He also proved, that Thomas Jennings, Sr., went into the possession of the land in 1835, and continued in possession until his death in the spring of 1838, holding under a bond for titles from one Thomas Youngblood; that he had made payment in full of the purchase money to said Youngblood, and that he devised the land, by his last will and testament, to his son, said Thomas Jennings, Jr.; that said devisee resided on the land, and held possession under the devise for about a year, when he removed, and one Howard took possession. He further proved the value of the rents and profits of the land, and that defendant was in possession when the suit was brought. The defendant then proved, and read to the jury, a contract for the purchase of the land by Caswell and Nuchols, from an Indian reservee, made in conformity with the provisions of the treaty of March 24, 1832, which said contract was approved by the President on November 1, 1834; also, a conveyance from said Nuchols of all his interest in the contract to Lanier and Kelly, as administrators of said Caswell; a deed from them, made under an order of the Orphans' Court, to said Youngblood, executed some time prior to December 14, 1844; and a deed from said Howard to defendant, for a portion of the premises, executed December 14, 1844. Upon this evidence, the court charged, that the plaintiff was not entitled to recover; which charge is now assigned for error.
Division: Northeastern Division
Language: English
Repository: Alabama Department of Archives and History, 624 Washington Avenue, Montgomery, Alabama 36130
Rights: This material may be protected under U. S. Copyright Law (Title 17, U.S. Code) which governs the making of photocopies or reproductions of copyrighted materials. You may use the digitized material for private study, scholarship, or research. Though ADAH has physical ownership of the material in its collections, in some cases we may not own the copyright to the material. It is the patron's obligation to determine and satisfy copyright restrictions when publishing or otherwise distributing materials found in our collections.
Collection Title: Alabama Supreme Court case files
Subject - Topics: Ejectment; Estates (Law); Indians of North America; Inheritance and succession; Real property
Subject - Places: Macon County (Ala.)
Subject - People: Caswell, James B.; Jennings, Thomas, Jr.; Jennings, Thomas, Sr.; King, William; Nuchols, Nathaniel; Stevens, Josiah P.; Youngblood, Thomas
Time Period: 1850-1859
Case: Do ex dem. Stevens v. King
Upload Batch: SC00189_Stevens_v_King
Repository: Alabama Department of Archives and History
Source: From: Do ex dem. Stevens v. King
