Ellis v. Martin
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. W. S. Mudd. The appellant in this case, Richard E. Ellis, sued out an attachment on the 5th January, 1876, against E. C. Ellis, his son, claiming the sum of $153 as due to him for the rent of land, known as the “Sipsey place,” for the year 1875; the attachment being sued out on the ground “that the said E. C. Ellis, the tenant of the said R. E. Ellis, has removed a portion of the crop from the said tract of…
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. W. S. Mudd. The appellant in this case, Richard E. Ellis, sued out an attachment on the 5th January, 1876, against E. C. Ellis, his son, claiming the sum of $153 as due to him for the rent of land, known as the “Sipsey place,” for the year 1875; the attachment being sued out on the ground “that the said E. C. Ellis, the tenant of the said R. E. Ellis, has removed a portion of the crop from the said tract of land.” The attachment was^'issued by the clerk of the Circuit Court, and commanded the sheriff “to attach so much of the…
1Opinion of the CourtBrickell, C. J.
The description of the thing conveyed in the mortgage is very general and indefinite; but it is capable of being rendered certain, by evidence showing the lands cultivated by the mortgagor in 1875, and the quantity of corn and cotton raised thereon. Generality and indefiniteness of description will not avoid a conveyance. It is uncertainty that will not be removed when the conveyance is read in the light of the circumstances surrounding the parties at the time it was entered into, and their manifest design is considered. Nor can it be admitted that the necessary effect of the generality of…
2Cases cited1 opinion
- Hawkins v. GillSupreme Court of Alabama · 1844
3Cited by33 opinions
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Driggers v. CassadySupreme Court of Alabama · 1882
- Stickney v. Dunaway & LambertSupreme Court of Alabama · 1910
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
- Smith v. FieldsSupreme Court of Alabama · 1885
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