Philip Pendleton Barbour

“ It appears that the lot in question answers this description, as to locality in every particular; that improvements had been made upon it, and that it was in front of the lot owned by John Forbes and Company, which lay on the western side of Water street, and which originally fronted on Mobile river, reaching to it; and was known under the Spanish government as a water lot. If we now apply the charge of the Court to this state of facts, we shall see that it accords with the language of the law, with extraordinary precision. ”

“ I have not thought it necessary to bring the first section of the act into the argument, because that only gives to the city of Mobile the right and claim of the United States to such lots as were not confirmed to individuals, by that or any former act; and as the second section does confirm the claims to this lot, either, as I think, to the proprietor of the old water lot, in front of which it lies; or, as is argued, to Pollard's heirs, as holding a Spanish grant, nothing passed to the city of Mobile, whichsoever construction shall prevail ”

“ In the year 1823, no one being in possession, and the lot in question being under water, a certain Curtis Lewis, without any title or claim, took possession of it, and filled it up east of Water street, filling up north of Government street, and at the corner of same and Water street; that Lewis remained a few months in possession, when he was ousted by one of the firm of John Forbes and Company, who erected a smith's shop thereon, and they were then turned out by said Lewis, by legal process, who then retained possession until he conveyed it. ”