Chambers v. Ringstaff
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Tried before Hon. John P. Hubbard. This suit was brought by W. ~W. Ringstaff against John W. Hicks, for the recovery of a tract of land described in the complaint by its survey numbers, and as being in the county of Montgomery, and State of Alabama. Before the trial, W. K. Chambers and Robert L. Knight, on their own motion, were made parties defendant, as landlords.
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Appeal from Montgomery Chancery Court. Tried before Hon. John P. Hubbard. This suit was brought by W. ~W. Ringstaff against John W. Hicks, for the recovery of a tract of land described in the complaint by its survey numbers, and as being in the county of Montgomery, and State of Alabama. Before the trial, W. K. Chambers and Robert L. Knight, on their own motion, were made parties defendant, as landlords. On the trial, “it was admitted by both parties, that the land sued for and mentioned in the complaint was, prior to the year, 1873, a part of the statutory separate estate of Mrs. E. D.…
1Opinion of the CourtStone, J.
There can he no question that the plaintiff below showed a right of recovery in this ease, if the description of the land in the mortgage is not too uncertain to maintain the action.— Chapman v. Abraham, 61 Ala. 108; Slaughter v. Swift, 67 Ala. 494.
It is contended for appellant that the mortgage made by Knight and wife to Bingstaff is void for uncertainty. That mortgage is the title under which Bingstaff claimed. The argument is, that because the land is only described by its survey-numbers of section, township and range, without reference to the State or county, or basis meridian, it is void…
2Cases cited7 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Boyd v. EllisSupreme Court of Iowa · 1860
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Commissioners' Court of Russell v. TarverSupreme Court of Alabama · 1854
- Long v. PaceSupreme Court of Alabama · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Mass Appraisal Services, Inc. v. CarmichaelSupreme Court of Alabama · 1981
- Wilkinson v. RoperSupreme Court of Alabama · 1883
101 more not listed; retrieve them via the Exa API.