Lodge v. Wilkerson
Supreme Court of Alabama
Ejectment. Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by Thornton H. Lodge against R. B. Wilkerson and another. Judgment for defendants and plaintiff appeals. — The description was sufficient to support a judgment, and the demurrer should have been overruled.— Hoioze v. Dew, 90 Ala. 178; Kimbrell v. Rodgers, 90 Ala. 339; Angel v. Simpson, S5 Ala. 53; Eufemia Na-t.
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Ejectment. Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by Thornton H. Lodge against R. B. Wilkerson and another. Judgment for defendants and plaintiff appeals. — The description was sufficient to support a judgment, and the demurrer should have been overruled.— Hoioze v. Dew, 90 Ala. 178; Kimbrell v. Rodgers, 90 Ala. 339; Angel v. Simpson, S5 Ala. 53; Eufemia Na-t. Bank v- Pruitt, 128 Ala. 470. — The complaint was insufficient in description. — Goodwyn v. Foreman, 114 Ala. 489; Foy v. "Wellborn, 112 Ala. 160; Griffin v. Ball, 111 Ala. 601'; s. c. 115 Ala. 482;…
1Opinion of the CourtSimpson, J.
— This is a statutory action of ejectment by the appellant against the appellees. The land sued for is described in the complaint as “hotel and lot in Notasulga, Alabama, now occupied by said R. B. Wilkerson.” The complaint was demurred to on the ground that “the description of the property sued for is insufficient.” Said demurrer was sustained, and plaintiff took a nonsuit and appealed.
A description which furnishes the means of making it certain by proof is sufficient. The burden would be on the plaintiff to prove what hotel and lot in Notasulga was occupied by said R. B. Wilkerson at the…
2Cases cited7 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Griffin v. HallSupreme Court of Alabama · 1895
- Angel v. SimpsonSupreme Court of Alabama · 1887
- Eufaula National Bank v. PruettSupreme Court of Alabama · 1900
- Foy v. WellbornSupreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Nolen v. HenrySupreme Court of Alabama · 1914
- Ben Cheeseman Realty Co. v. ThompsonSupreme Court of Alabama · 1927
- Martin v. BainesSupreme Court of Alabama · 1928
- Little v. ThomasSupreme Court of Alabama · 1920
5 more not listed; retrieve them via the Exa API.