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JOSEPH WISWALL, PLAINTIFF IN ERROR, v. DAVID SAMPSON

December 1, 1852

JOSEPH WISWALL, PLAINTIFF IN ERROR,
v.
DAVID SAMPSON, LESSEE OF EDWARD HALL AND EDWARD S. DARGAN.



THIS case was brought up, by writ of error, from the Circuit Court of the United States for the Southern District of Alabama.

It was an ejectment for the following lot, in the city of Mobile, bounded south by St. Francis street, and lying between Water and Commerce and Planters streets of the said city, having a front of thirty-five feet on St. Francis street, and extending to Planters street, with the same breadth; bounded east by lands formerly belonging to M. D. Eslava, and west by a lot of Beach, Ela & Co.

The declaration contained three counts; two upon a demise from Edward Hall, a citizen of the State of Maryland, and the third a demise from Edward S. Dargan.

Although the decision of the court turned upon a single point, it is necessary to connect it with the other circumstances of the case which are somewhat complicated.

The following table contains a reference to the principal facts bearing upon the respective titles of the plaintiff and defendant.

1840, April 28. Ticknor, being in possession, conveyed the property to Day

Plaintiff's Title.

1840.

Dec. 28. Fowler and others obtained a judgment against Ticknor for $4,991.

Dec. 31. Crouch and Sneed obtained a judgment against Ticknor for $7,176.25.

1842.

1843.

1845.

Feb. 24. Alias fi. fa. on Crouch and Sneed's judgment.

April 7. Alias fi. fa. on Fowler's judgment.

July 7. Lot sold to Dargan under the executions.

August 13. Marshal executed a deed to Dargan.

1847.

1848.

April __. Dargan brought an ejectment against Wiswall.

Defendant's Title.

1840.

1842.

June 14. Wiswall obtained judgment against Ticknor for $2,233.17.

July 1. Fi. fa. issued on it, returned 'no property found.

1843.

Feb. 7. Bill filed by Wiswall to set aside the deed from Ticknor to Day as fraudulent.

1845.

April Term. Deed from Ticknor to Day set aside as fraudulent.

June 27. Receiver appointed by the chancellor, took possession.

Nov. 26. Dargan applied to the chancellor to have the property delivered over to him, or for leave to bring an ejectment. Both refused.

1847.

March 1. Lot sold by the master in chancery to Wiswall, and deed made.

1848.

Upon the trial, the following bill of ...


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