Sims v. Thompson
Supreme Court of Alabama
Appeal from the Circuit Court of Benton. Tried before the Hon. E. W. Pettus. This was a real action, under the Code, in the nature of an ejectment. The judgment was by default final without the intervention of a jury.
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Appeal from the Circuit Court of Benton. Tried before the Hon. E. W. Pettus. This was a real action, under the Code, in the nature of an ejectment. The judgment was by default final without the intervention of a jury. The errors assigned are — 1st, that the description of the land sued for is not sufficient to support the judgment; and,- 2d, the rendition of judgment for costs against the defendant. cited the. following authorities : On the first point, Bennett v. Morris, 9 Porter, 172; Eenwick v. Eloyd, 1II. & G. 172 ; and on the second point, Code, § 2218. 1. That the description of the…
1Opinion of the CourtStone, J.
The land sued for is described in the same terms in the complaint and in the judgment entry. The description is, “The west half of the south-east quarter, and twenty-five acres off the west end of the south-west quarter of the north-east quarter; all in section 15, township 10, range 8.” It is objected that these terms are too general and indefinite.
This question has been frequently before this court; and it has uniformly been held, that if the description inform the defendant what he is to defend, and the sheriff of what he is to deliver possession, it is sufficient. — See the authorities…
2Cases cited1 opinion
- Ivey v. McQueenSupreme Court of Alabama · 1850
3Cited by2 opinions
- Parker v. Jefferson CountySupreme Court of Alabama · 1923
- Rayburn v. ElrodSupreme Court of Alabama · 1869