Carroll v. Fausett
Supreme Court of Alabama
Appeal from Circuit Court, Randolph County; S. L. Brewer, Judge. Action by John Eausett against Emma T. Carroll and another. Judgment for plaintifl, and the named defendant appeals.
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Appeal from Circuit Court, Randolph County; S. L. Brewer, Judge. Action by John Eausett against Emma T. Carroll and another. Judgment for plaintifl, and the named defendant appeals. The cause was tried on the third count of the amended complaint, which is as follows: Plaintiff claims of the defendant the following described land, to wit: A strip of land in the city of Roanoke, Ala., more particularly described as follows: Commencing at a point at the edge of the sidewalk on the south side of Louina street, at the northeast corner of the lot on which John Eausett now resides, and running back…
1Opinion of the CourtSomerville, J.
[1] The minute entry shows that defendants demurred “to count 3 in the complaint as last amended,” and that the demurrer was overruled. This demurrer is not set out in the record, and, the grounds relied on not being apparent, this court will not review the x-uling of the trial court. Shelby Iron Co. v. Bierly, 202 Ala. 422, 80 South 806.
[2, 3] But appellant contends that the complaint does nob describe the land with sufficient certainty to support a verdict and judgment for its recovery. A careful analysis of the complaint convinces xxs that this contention is well founded. The elements of…
2Cases cited4 opinions
- Bradford v. SneedSupreme Court of Alabama · 1911
- Shelby Iron Co. v. BierlySupreme Court of Alabama · 1918
- Lessley v. PraterSupreme Court of Alabama · 1917
- Goodwin v. FormanSupreme Court of Alabama · 1896
3Cited by7 opinions
- Klepac v. FendleySupreme Court of Alabama · 1931
- Hinson v. CookSupreme Court of Alabama · 1941
- Hughes v. AllenSupreme Court of Alabama · 1934
- Horn v. PeekSupreme Court of Alabama · 1944
- Jordan v. OgdenSupreme Court of Alabama · 1939
2 more not listed; retrieve them via the Exa API.