John McLean

“ An action of trespass to try the title to a certain lot or piece of ground in the city of Mobile, was commenced by the plaintiffs against the defendants, in the Circuit Court of the state. Issue being joined, a jury were empannelled, who rendered a verdict of not guilty. As the right of the plaintiffs was asserted, exclusively, under an act of Congress, and the decision being against that right, the plaintiffs, having excepted to certain rulings of the court on the trial, prosecuted this writ of error, under the twenty-fifth section of the judiciary act of 1789. ”

“ The Spanish grant being an exception in the act, under which the plaintiffs claim, the instruction of the Circuit Court in favour of the defendant was correct. The judgment of the Supreme Court of Alabama is affirmed. ”