Ware v. Bradford
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega County. Action of trespass under the statute to try title and recover a tract of land.
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Writ of error to the Circuit Court of Talladega County. Action of trespass under the statute to try title and recover a tract of land. In the endorsement on the writ, the land sought to be recovered is thus described: the southeast quarter of the northeast quarter of section one in township nineteen of range four east; and all that part of the south half of said section one, in said township and range, as is not included in a deed from defendant to William Thompson, in possession of the defendant. The same description is pursued in the declaration, except the north half is substituted for the…
1Opinion of the CourtGoldthwaite, J.
1. The plaintiff in error, has relied, chiefly, on two positions, as showing error in the proceeding now to be examined. The first of these relates to the suppos*681ed variance in the description of the lands recovered by the verdict, from those described in the declaration; and the second embraces all the supposed errors, and irregularties in the advertisement, and other proceedings previous to the execution of the deed.
The description of the lands in the declaration, is very vague- and indeterminate. It can only be made certain by reference to a deed which is not pretended to be set out. This…
2Cases cited3 opinions
- Mobile Cotton Press & Building Co. v. MooreSupreme Court of Alabama · 1839
- Sturdevant v. Heirs of MurrellSupreme Court of Alabama · 1838
- M'Kinneys v. ScottCourt of Appeals of Kentucky · 1808
3Cited by28 opinions
- Pollard v. CockeSupreme Court of Alabama · 1851
- White v. FarleySupreme Court of Alabama · 1886
- Boggess v. HowardTexas Supreme Court · 1874
- Foster v. MabeSupreme Court of Alabama · 1842
- Clark v. SpencerSupreme Court of Alabama · 1883
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