Pettit v. Gibson
Supreme Court of Alabama
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Ejectment by G. F. Gibson against Frankie Pettit and others. From a judgment for plaintiff, defendants appeal. Plaintiff offered deed of W. H. Norwood, commissioner, to plaintiff, of date January 13, 1916, made in pursuance of an attempted sale of said lands for division, and conveying the same to plaintiff. Objection was interposed as stated in the opinion.
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Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Ejectment by G. F. Gibson against Frankie Pettit and others. From a judgment for plaintiff, defendants appeal. Plaintiff offered deed of W. H. Norwood, commissioner, to plaintiff, of date January 13, 1916, made in pursuance of an attempted sale of said lands for division, and conveying the same to plaintiff. Objection was interposed as stated in the opinion. It is admitted that Dudley, the other defendant, was in possession of the land by permission of Frankie Pettit. It is admitted that the land was at one time the land of…
1Opinion of the CourtThomas, J.
This is an action of statutory ejectment. The cause was tried by the judge without a jury, the trial resulting in a judgment in favor of the plaintiff for the land sued for, as to which the defendant had pleaded not guilty.
The rule has been announced by our court that, where land is described in a deed by a particular description which is repugnant to the general description therein employed, the particular description must control.
[1] The deed on which the defendant relied for title contained two descriptions; one indicating the land by governmental subdivisions, and the other designating…
2Cases cited17 opinions
- McIver Lessee v. Walker and AnotherSupreme Court of the United States · 1815
- Betts v. WardSupreme Court of Alabama · 1916
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Hutton v. WilliamsSupreme Court of Alabama · 1860
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Taylor v. TaylorSupreme Court of Alabama · 1981
- Sexton v. SextonSupreme Court of Alabama · 1967
- Wesley v. BrandonCourt of Civil Appeals of Alabama · 1982
- Jetton v. JettonSupreme Court of Alabama · 1987
- Wood v. FosterSupreme Court of Alabama · 1934
11 more not listed; retrieve them via the Exa API.