Sturdevant v. Heirs of Murrell
Supreme Court of Alabama
Error to the Circuit court of Mobile. Trespass, to try title, before Harris, J. Defendant plead not guilty. Yerdict and judgment for plaintiffs; to reverse which, a writ of error was taken.
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Error to the Circuit court of Mobile. Trespass, to try title, before Harris, J. Defendant plead not guilty. Yerdict and judgment for plaintiffs; to reverse which, a writ of error was taken. It was, in part, assigned in error— That there was no proper or sufficient description of the land sued, for, in the writ, declaration, verdict or judgment;- — wherefore, for uncertainty, and because no particular quantity is named, described or identified, tire said proceedings were erroneous. The first assignment of error, Is the vagueness of the whole record, from the writ to the judgment, in the…
1Opinion of the CourtCollier, C. J.
— The first question raised in this case, is, as to the sufficiency of the declaration, verdict and judgment, to entitle the defendants in error to their writ *319of habere facias possessionem. The land sought to be-recovered, is described in the .declaration as “situate in the county of Mobile, on the south side of three mile creek, at, or near the place called the pass of suriague, bounded on the east by lands belonging to Benjamin Dubroca, on the north by three mile creek, and on all other sides by lands vacant at the time the same was granted to the said John Murrell, that is to say, on the…
2Cited by13 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Ware v. BradfordSupreme Court of Alabama · 1841
- Bradford v. SneedSupreme Court of Alabama · 1911
- Lessley v. PraterSupreme Court of Alabama · 1917
- White Roofing Company v. WheelerAlabama Court of Appeals · 1957
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