Hamner v. Eddins
Supreme Court of Alabama
This was an action of trespass to try titles, brought by Eddins against Hamner, in the Tuscaloosa Circuit Court, to recover possession of a tract of land, described in the writ as the “west half of the north west quarter oí section one, township twenty two, range ten west, of Coffee’s survey, in the Tuscaloosa land district.” The declaration contained four counts. In the first count the land was described as in the writ.
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This was an action of trespass to try titles, brought by Eddins against Hamner, in the Tuscaloosa Circuit Court, to recover possession of a tract of land, described in the writ as the “west half of the north west quarter oí section one, township twenty two, range ten west, of Coffee’s survey, in the Tuscaloosa land district.” The declaration contained four counts. In the first count the land was described as in the writ. In the second count it was described as “the west half of the north west quarter of section one, township two, in range west, Coffee’s survey, in the district of Tuscaloosa.”…
1Opinion of the Court
By JUDGE TAYLOR.
Several errors are assigned by flamner, some of which are unimportant; all that are at all material will be noticed in their order.
The 1st. is that “the writ is defective and improper.” After a defendant has appeared and pleaded to the declaration, he cannot be permitted to go back to the writ for the purpose of arresting or reversing the judgment. The writ will only be looked to, in such cases for purposes of amendment. This has often been decided by this Court; and even were there no writ, the defendant will be considered as having- waived all advantage from the irregularity…
2Cited by5 opinions
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