Chattahoochie & Gulf Railway Co. v. Pilcher
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by the Chattahoochie & Gulf By. Co., against B. B. Pilcher. Judgment for defendant and plaintiff appeals.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Ejectment by the Chattahoochie & Gulf By. Co., against B. B. Pilcher. Judgment for defendant and plaintiff appeals. The well settled doctrine is that where lands are described by a general and a particular description of them, which are repugnant, the particular description will control and the other will he rejected as false. — Cárter v. Chevalier, 108 Ala. 563; Sykes v. Shows, 74 Ala. 282; Guilmm-tin v. Wood, 76 Ala. 204; 1 Greenl. on Evi. 301; 2 Devlin on Deeds, Secs. 1038 and 9. Where, there are ambiguities in the…
1Opinion of the CourtSayre, J.
Plaintiff below, Avhich is also plaintiff in error, sued to recover “a certain lot of land in the town of Dothan on the north side of Main street, in a. triangular shape, being bounded on the south by said Main street, on the east by Appletree street, and being bounded on the northwest Avith the line of said lot 66 feet from the center of said survey locating said road, and said line running parallel Avith the center line of said survey.” By the road and survey mentioned in *403this complaint, are evidently intended the plaintiff’s railroad and the survey of the same. Defendant disclaimed as to…
2Cases cited3 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Herrick v. HopkinsSupreme Judicial Court of Maine · 1843
- Jacobs v. RoachSupreme Court of Alabama · 1909
3Cited by13 opinions
- Southern Railway Company v. SanfordSupreme Court of Alabama · 1954
- Wittmeir v. LeonardSupreme Court of Alabama · 1929
- Kennedy v. HenleySupreme Court of Alabama · 1975
- Jefferson County v. MosleySupreme Court of Alabama · 1969
- Klepac v. FendleySupreme Court of Alabama · 1931
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