Legal Opinion

Lessley v. Prater

Supreme Court of Alabama

Decided April 26, 1917No. 5 Div. 647PublishedCited by 17 opinions

Appeal from Circuit Court, Coosa County; S. L. Brewer, Judge. Forcible entry and detainer by W. B. Prater against J. J. Lessley. Judgment for plaintiff for a portion of the land, and defendant appeals.

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Appeal from Circuit Court, Coosa County; S. L. Brewer, Judge. Forcible entry and detainer by W. B. Prater against J. J. Lessley. Judgment for plaintiff for a portion of the land, and defendant appeals. The land described in the complaint is a certain tract of land situated in Coosa county, Ala., to wit: About 155 acres of land in section 2, township 23, range 17, and known as the R. A. Lessley homestead, and more particularly described as the E. % of S. W. %, S. E. % of N. W. U, S. i/2 of N. E. % of N. W. and 15 acres in the N. W. % of S. W. % north of the Corben road, on which the old…

1Opinion of the Court

McCLELLAN, j.

[1 ] In the comparatively recent decision of Bradford v. Sneed, 174 Ala. 113, 115, 56 South. 532, this court announced, in effect, that there is a material difference between an uncertainty in description of land in a deed that will not suffice-to justify the court in declaring the deed void for uncertainty in that respect and an uncertainty in a verdict or judgment that will require the court to declare the verdict or judgment void on that account. It may be that such a conclusion could be soundly deduced from the deliverances made in Jinkins v. Noel, 3 Stew. 60, 75, 85, and…

2Cases cited16 opinions

  1. Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
  2. Werten v. K. B. Koosa & Co.Supreme Court of Alabama · 1910
  3. Wright's Heirs v. WareSupreme Court of Alabama · 1874
  4. Bradford v. SneedSupreme Court of Alabama · 1911
  5. Cotton v. HollowaySupreme Court of Alabama · 1893

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Klepac v. FendleySupreme Court of Alabama · 1931
  2. Bean v. StephensSupreme Court of Alabama · 1922
  3. Wood v. BurnsSupreme Court of Alabama · 1931
  4. Hughes v. AllenSupreme Court of Alabama · 1934
  5. Carroll v. FausettSupreme Court of Alabama · 1921

12 more not listed; retrieve them via the Exa API.

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