Buchanan v. Larkin
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Heard before the Hon. J. A. Bilbro. This was a statutory action of ejectment, brought by the appellee, W.R. Larkin, against the appellant, M. A. Buchanan. The land sued for was described in the complaint as follows : “Beginning at a stake the southeast corner of the north-east corner of section 5, in T. 4, R. 5 east, of the Huntsville meridian, and running said -section line to a stake, sugar tree.
Read the full summary
Appeal from the Circuit Court of Jackson. Heard before the Hon. J. A. Bilbro. This was a statutory action of ejectment, brought by the appellee, W.R. Larkin, against the appellant, M. A. Buchanan. The land sued for was described in the complaint as follows : “Beginning at a stake the southeast corner of the north-east corner of section 5, in T. 4, R. 5 east, of the Huntsville meridian, and running said -section line to a stake, sugar tree. Point of L. Hensely Grubb’s S.-E. corner; thence west with this line to a stake ; thence south with Grubb’s line, partly marked to Jack Smart’s line ;…
1Opinion of the CourtHaralson, J.
The original complaint was void for uncertainty of description of the land sued for, and the court so held on demurrer thereto.
The amended complaint was filed for no. other purpose than|to|correct the description of the land as given in the original complaint. If plaintiff sues for Black Acre, *435and by mistake describes White Acre, he may amend his complaint so as to correct the mistaken description. He can not sue for the one and add the other by amendment. — Mahan v. Smitherman, 71 Ala. 567; Springfield F. & M. Ins. Co. v. DeJarnett, 111 Ala. 248.
The complaint as amended was demurred to as a…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
- Griffin v. HallSupreme Court of Alabama · 1895
- Mahan v. SmithermanSupreme Court of Alabama · 1882
- Flournoy & Epping v. Lyon & Co.Supreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lynch v. PerrymanSupreme Court of Oklahoma · 1911
- Conner v. State Ex Rel. PerrySupreme Court of Alabama · 1924
- Piper v. CashellCourt of Appeals for the Ninth Circuit · 1903
- Wikle v. Johnson LaboratoriesSupreme Court of Alabama · 1902
- Farned v. CleereSupreme Court of Alabama · 1932