Welden v. Brown
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by A. K. Welden and others against J. H. B. Brown for a partition of certain lands. From a decree sustaining demurrers to the bill because of uncertainty in the description, complainants appeal.
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Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by A. K. Welden and others against J. H. B. Brown for a partition of certain lands. From a decree sustaining demurrers to the bill because of uncertainty in the description, complainants appeal. The description was sufficient. — Gaston v. McCord, 130 Ala. 318. The description is fatally defective, and there is nothing in the bill affording any data by reference to which the description may be aided and made sufficient.- — Sunnicutt v. Scad, 60 South. 831; Griffin v. Sail, 111 Ala. 601; Clements v. Draper, 108 Ala.…
1Opinion of the Court
db GRAFFENRIED, J.
This bill Avas filed for the sale of certain lands described in the bill. The description of the lands sought to be sold is legally insufficient, and is void for uncertainty. The land sought to be sold is described as “225 acres lying on E. y2 of sec. 29, Tp. 21, R. 22, starting at the half-mile stake on the north sec. line, running due south to a made corner on the dividing line of said sec., and then running east Avith the cross-fence at the south to a made corner at the end of said fence, and then running south to the original line.”
It is, of course, necessary that, in…
2Cases cited3 opinions
- Griffin v. HallSupreme Court of Alabama · 1895
- Caston v. McCordSupreme Court of Alabama · 1900
- Hunnicutt v. HeadSupreme Court of Alabama · 1912
3Cited by6 opinions
- Irons v. Le SueurSupreme Court of Alabama · 1986
- Little v. ThomasSupreme Court of Alabama · 1920
- Chapman v. YorkSupreme Court of Alabama · 1922
- Martin v. CarrollSupreme Court of Alabama · 1937
- Atkins v. WallaceSupreme Court of Alabama · 1962
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