Daniel v. Wade
Supreme Court of Alabama
Appeal from Circuit Court, Cherokee County ; W. W. I-Iaralson, Juge. Ejectment by W. R. Wade against T. Y. Daniel and others. Judgment for plaintiff, and defendants appeal. The land is described as fractional northeast quarter of southwest quarter, section 23, township 8 south, range 9 east, situated in Cherokee county, Ala.
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Appeal from Circuit Court, Cherokee County ; W. W. I-Iaralson, Juge. Ejectment by W. R. Wade against T. Y. Daniel and others. Judgment for plaintiff, and defendants appeal. The land is described as fractional northeast quarter of southwest quarter, section 23, township 8 south, range 9 east, situated in Cherokee county, Ala. Appellants contend that the court erred in rendering the judgment for the plaintiff for the reason .that no such lands as are described in the complaint and for which judgment was rendered are located in Cherokee county according to any existing surveys. The defendants…
1Opinion of the CourtMayfield, J.
[1] This court does not judicially know, as claimed by appellant, that there is no such tract of land in this state, or in Cherokee county thereof, as described in this complaint, viz. “fractional N. E. ¼ of S. W. ¼ of section 23, township 8 south of range 9 east.” The court does, however, judicially know that there is a public survey of the lands in this state, made under the authority of the Congress of the United States, which can include the lands described in this complaint, and that such lands lie in the county of Cherokee, in. this state. Chambers v. Ringstaff, 59 Ala. 140.
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2Cases cited6 opinions
- State ex rel. Crenshaw v. JosephSupreme Court of Alabama · 1911
- Ray v. JacksonSupreme Court of Alabama · 1890
- Wilkinson v. BottomsSupreme Court of Alabama · 1911
- Walling v. Morgan CountySupreme Court of Alabama · 1899
- Baker v. DrakeSupreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Eidson v. McDanielSupreme Court of Alabama · 1927
- Ezzell v. S. G. Holland Stave Co.Supreme Court of Alabama · 1924
- Bradford v. ButtramSupreme Court of Alabama · 1921