Jinkins v. Noel
Supreme Court of Alabama
Tins was a writ of error from the Circuit Court of Greene county. Thomas Noel had instituted an action of trespass to try titles in that Court, against William .Tinkins, to recover the possession of a tract of land, and damages for the detention.
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Tins was a writ of error from the Circuit Court of Greene county. Thomas Noel had instituted an action of trespass to try titles in that Court, against William .Tinkins, to recover the possession of a tract of land, and damages for the detention. The declaration charged that the defendant had, with force and arms, broken and entered a close of the plaintiff Noel, described as being “a certain piece or lot of land, containing about 120 acres, and being about one half oí a mile in length, north and south; and about three eighths of a mile wide, cast and west; and situated in the eastern side of…
1Opinion of the Court
By JUDGE SAFFOLD.
It is assigned for'error, 1st. That the verdict and judgment are erroneous for their uncertainty in describing the land recovered. The alleged uncertainty, is explained in argument to refer to the terms adopted to express the quantity of land intended to be *75conveyed, and in ils dimenlions north and south, and east and west, by describing it as containing “about” the ber of acres; and being “about” the extent mentioned, instead of a more exact description; and in only describing the western boundar}' as being part of the said quarter of the said section 25. By an authority…
2Cases cited2 opinions
- Fairfax's v. Hunter's LesseeSupreme Court of the United States · 1813
- Doe Ex Dem. Governeur's Heirs v. RobertsonSupreme Court of the United States · 1826
3Cited by10 opinions
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
- Bradford v. SneedSupreme Court of Alabama · 1911
- Lessley v. PraterSupreme Court of Alabama · 1917
- Ronk v. HigginbothamWest Virginia Supreme Court · 1903
- Goodwin v. FormanSupreme Court of Alabama · 1896
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