Doe ex dem. Dorgan v. Weeks
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. ¥i. E. Clarke. This action was brought by Edward Dorgan against George W. Weeks and Dorval W. Weeks, to recover a tract of land particularly described in tbe declaration; and was commenced on the 17th October, 1887. Tbe plaintiff claimed tbe land under a conveyance from Julia Perez and others, children and heirs at law of Judec Baudin, deceased, who was one of tbe six children of Henry Baudin; and adduced…
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Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. ¥i. E. Clarke. This action was brought by Edward Dorgan against George W. Weeks and Dorval W. Weeks, to recover a tract of land particularly described in tbe declaration; and was commenced on the 17th October, 1887. Tbe plaintiff claimed tbe land under a conveyance from Julia Perez and others, children and heirs at law of Judec Baudin, deceased, who was one of tbe six children of Henry Baudin; and adduced evidence tending to show that it was part of a tract of land which belonged to said Henry Baudin at the time of his death,…
1Opinion of the CourtClopton, J.
The defendants, in order to establish their title to the land sued for, offered in evidence a deed made by Henry Baudin, January 1, 1809, to Nicholas Weeks, their ancestor. The plaintiff objected to the introduction in evidence of the deed, the specified grounds of objection being, that it was void for uncertainty in the description of the subject of conveyance, and that it did not appear from the description itself that it included or covered any part of the land sued for. The court overruled the objection, observing that the defendant might show by parol evidence that the land was included…
2Cases cited8 opinions
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Driggers v. CassadySupreme Court of Alabama · 1882
- Angel v. SimpsonSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Homan v. StewartSupreme Court of Alabama · 1893