Heifner v. Porter
Supreme Court of Alabama
Error to the Circuit Court of Benton. Tbespass to try title, by the plaintiff in error. The land sought to be recovered, is described in the declaration, as the south half of section eleven, range nine, township fifteen, of land in the Coosa land district, with the exception of eighty acres at the west end, and a lot donated as a school house.
Read the full summary
Error to the Circuit Court of Benton. Tbespass to try title, by the plaintiff in error. The land sought to be recovered, is described in the declaration, as the south half of section eleven, range nine, township fifteen, of land in the Coosa land district, with the exception of eighty acres at the west end, and a lot donated as a school house. To this declaration the defendant demurred, and the court sustained the demurrer, and rendered judgment for the defendant, which is now assigned as error. 1- The description of the premises sued for is sufficiently certain. [Adams on Ejectment, 18 to…
1Opinion of the CourtOrmond, J.
We think the land sought to be recovered by this action, was sufficiently described in the declaration. It is stated to be the south half of a section, which is designated by its appropriate description in the land office, except eighty acres at the west end. Eighty acres is a legal subdivision of land, the boundaries of which are ascertained by the government surveys, and the exception of eighty acres, at the west end of the south half section, is precisely equivalent, to an exception of the west half, of the south west quarter of the section, and the consequence is, that the plaintiff sues…
2Cases cited1 opinion
- Sturdevant v. Heirs of MurrellSupreme Court of Alabama · 1838
3Cited by2 opinions
- Bradford v. SneedSupreme Court of Alabama · 1911
- Rayburn v. ElrodSupreme Court of Alabama · 1869