Caston v. McCord
Supreme Court of Alabama
Appeal from tlie Chancery Court of Marshal^ Heard before tlie Hon. William H. Simpson. Tlie bill in this case ivas filed by the appellee, Mary E. McCord, against the appellants.
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Appeal from tlie Chancery Court of Marshal^ Heard before tlie Hon. William H. Simpson. Tlie bill in this case ivas filed by the appellee, Mary E. McCord, against the appellants. It was averred in the bill that 'the complainant was the owner of a mortgage, which was executed by the defendant, J. E. Cas-ton, in which he conveyed, in addition to personal prop-perty, the following described real estate: “That certain lot of land lying in the town of Albertsvil-le hounded on the north by the property of Mrs. II. E. McCord,on the west by the'Polecat road, on the south by the lot of A. J. Eains, and…
1Opinion of the CourtSharpe, J.
If it be judged alone by what appears on its face, tbe mortgage exhibited in the bill and sought *321to be foreclosed is as to real property void for uncertainty. That which is set out therein as a description of land, is “one and a third (1 1-3) acres of land lying south of W. T. McCord’s lot in Albertsville, Ala., in Sec. 15, T. 9, B. 4 east.” Standing 'alone this description fails to distinguish any particular land from other jands in the same locality, it gives no sufficient data where-from it could be located by a survey, and refers to no particular appellation, fact or circumstance, widely…
2Cases cited9 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Homan v. StewartSupreme Court of Alabama · 1893
- Webb v. Elyton Land Co.Supreme Court of Alabama · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Minge v. GreenSupreme Court of Alabama · 1912
- Karter v. EastSupreme Court of Alabama · 1929
- Sadler v. RadcliffSupreme Court of Alabama · 1927
- Cabaniss v. City of HuntsvilleSupreme Court of Alabama · 1928
- Calvert v. J. M. Steverson & Sons Lumber Co.Supreme Court of Alabama · 1943
6 more not listed; retrieve them via the Exa API.