Carter v. Smith
Supreme Court of Alabama
Appeal from Conecuh Circuit Court. Heard before Hon. J. C. Richardson. Action by Mary B. Smith against George M. Carter, and others in ejectment. There was a verdict for plaintiffs and judgment entered accordingly. Defendants moved to quash the verdict and to annul and set aside the judgment upon grounds suggested in the opinion of the court. Tbe court denied the motion and movants appealed.
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Appeal from Conecuh Circuit Court. Heard before Hon. J. C. Richardson. Action by Mary B. Smith against George M. Carter, and others in ejectment. There was a verdict for plaintiffs and judgment entered accordingly. Defendants moved to quash the verdict and to annul and set aside the judgment upon grounds suggested in the opinion of the court. Tbe court denied the motion and movants appealed. The verdict in this case was void for uncertainty. — Alexander V. Wheeler, 69 Ala. 332; s. c. 7S Ala. 167; Carlisle v. Killekreio, 91 Ala. 351. The record shows no judgment on motion of the lower court…
1Opinion of the CourtSimpson, J.
This appeal is from a judgment of the court overruling a motion to vacate a judgment previously rendered and quash the verdict on Avhich said judgment was rendered. The gravamen of the contention of the appellant is that the description of the land recovered in the action of ejectment is so indefinite and defective as to render the same Amid.
It is true that the description in the complaint of the land sued for is evidently erroneous in some particulars, as, for instance, Avhen the land is described as “beginning at the intersection of McGee and Belleville street, on the south side of McGee…
2Cases cited6 opinions
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- De Sepulveda v. BaughCalifornia Supreme Court · 1887
- Eufaula National Bank v. PruettSupreme Court of Alabama · 1900
- Caston v. McCordSupreme Court of Alabama · 1900
- Carlisle v. KillebrewSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lessley v. PraterSupreme Court of Alabama · 1917