Ellenburg v. Barksdale
Supreme Court of Alabama
Appeal from Circuit Court, DeKalb County; Arthur E. Gamble, Judge. Action in ejectment by W. M. Barksdale against H. T. Ellenburg. Prom a judgment for plaintiff, defendant appeals. The burden is on the plaintiff to show the lands sued for are those described in the complaint and covered by the deed relied on. 19 C. J. 1148; Busbee v. Thomas, 175 Ala. 423, 57 South. 587; Swindall v. Pord, 184 Ala. 137, 63 South. 651; So.
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Appeal from Circuit Court, DeKalb County; Arthur E. Gamble, Judge. Action in ejectment by W. M. Barksdale against H. T. Ellenburg. Prom a judgment for plaintiff, defendant appeals. The burden is on the plaintiff to show the lands sued for are those described in the complaint and covered by the deed relied on. 19 C. J. 1148; Busbee v. Thomas, 175 Ala. 423, 57 South. 587; Swindall v. Pord, 184 Ala. 137, 63 South. 651; So. Steel Oo. v. Stowers, 189 Ala. 314, 66 South. 677. Neither weight nor effect will be given a description in a deed in terms of quantity except to relieve some otherwise…
1Opinion of the CourtGardner, J.
Appellee brought this suit in ejectment against appellant, for the recovery of six and a fraction acres of land in the N. W. Vi of the S. W. % of section 30, and three and a fraction acres in the N. E. Vi of the S. W. Vi of section 30, all in township 9, range 7, DeKalb county, Ala.
[1, 2] Plaintiff’s deed referred to the land in that portion of the S. W. Vi, with which we are here concerned, as that portion of the George Reed tract lying on the north side of “Big Will’s Creek.” The description was not void for uncertainty, and no error was committed in overruling the objection to its…
2Cases cited1 opinion
- Southern Iron & Steel Co. v. StowersSupreme Court of Alabama · 1914
3Cited by1 opinion
- Wheeler v. WellsSupreme Court of Alabama · 1944