Head v. Hunnicutt
Supreme Court of Alabama
Ejectment. Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Ejectment by M. M. Head against J. W. Hunnicutt. Judgment for defendant, and plaintiff appeals. The controversy seems to be to recover the western one-third of a lot upon which is situated a commissary of the Hunnicutt Lumber Company and the stables of J. W. Hunnicutt.
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Ejectment. Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Ejectment by M. M. Head against J. W. Hunnicutt. Judgment for defendant, and plaintiff appeals. The controversy seems to be to recover the western one-third of a lot upon which is situated a commissary of the Hunnicutt Lumber Company and the stables of J. W. Hunnicutt. The lot is described as 1 1/3 acres in the S. W. % of the S. E. section 28, township 23, range 10 E., in Bibb county, Ala., beginning at the southeast corner of the Sandy Church lot on the north side of Randolph and Centerville public roads; thence north…
1Opinion of the CourtAnderson, J.
That the land in. question was owned by W. A. Neal individually, and was not bought with partnership or corporate funds, there is no dispute. Nor was there an attempt to embrace it by a specific description in the contract of settlement or the deed from Neal to Hunnicutt. The deed makes no attempt to convey this land, unless an intention to do so is to be gathered from the last clause, declaring that the purpose of same is to convey the entire interest of the grantors in real .estate and timber rights in Bibb county.
If two clauses in a deed are entirely inconsistent and irreconcilable with…
2Cases cited2 opinions
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- McWilliams v. RamsaySupreme Court of Alabama · 1853
3Cited by26 opinions
- Voyager Life Ins. Co., Inc. v. WhitsonSupreme Court of Alabama · 1997
- Porter v. HendersonSupreme Court of Alabama · 1919
- Graves v. WheelerSupreme Court of Alabama · 1913
- Turner v. Town of LinevilleAlabama Court of Appeals · 1911
- Henry v. WhiteSupreme Court of Alabama · 1952
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