City of Mobile v. Hallett
41 U.S. 261

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U.S. Supreme Court

City of Mobile v. Hallett, 41 U.S. 16 Pet. 261 261 (1842)

City of Mobile v. Hallett

41 U.S. (16 Pet.) 261




A grant by the Spanish government, confirmed by the United States, was made of a lot of ground in the City of Mobile running from a certain boundary eastwardly to the River Mobile. The land adjacent to this lot and extending from high water mark to the channel of the river in front of the lot was held by the grantee as appurtenant to the fast land above high water mark. The City of Mobile instituted an action to recover the same, asserting a title to it under the Act of Congress of 26 May, 1824, granting certain lots of ground to the corporation of the City of Mobile and to certain individuals in the said city. Held that this lot was within the exceptions of the act of 1824, and no right to the same was vested in the City of Mobile by the act.

McLEAN, JUSTICE, delivered the opinion of the Court.

The plaintiffs claim title under an action of Congress, and the decision of the state court was against the title, which, under the 25th section of the Judiciary Act, gives jurisdiction to this Court.

The plaintiffs brought their action of trespass to try the title to a lot of ground in the City of Mobile bounded as follows -- commencing at a point on St. Louis Street, in said city, sixty-six feet west of the corner of St. Louis and Water Streets, thence north 25

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