Bell v. Killcrease
Supreme Court of Alabama
Writ of Error to the Circuit Court of Baldwin. This was a proceeding instituted by the defendant in error before a justice of the peace for a forcible entry and detainer.
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Writ of Error to the Circuit Court of Baldwin. This was a proceeding instituted by the defendant in error before a justice of the peace for a forcible entry and detainer. The complainant describes, the lands of 'which the plaintiff was in possession, thus: “ Beginning at a water oak on Tensaw lake — running from thence south 13 degrees east, forty-two chains; thence south 85 degrees 54 chains; thence north-westwardly across the Tensaw lake; thence up the margin of said lake, so far that a line therefrom south 22 degrees west to the margin of said lake; thence up the margin thereof to the…
1Opinion of the CourtCollier, C. J.
The complaint is unnecessarily special in the description of the land of which the complainant is in possession, but this is not a legal objection to it. It furnishes data from which it would not be difficult to draw a diagram and ascertain its locality. The quantity of land, name of the original patentee, length of the lines, courses, situation of the lake, and how and where it is traversed by the lines, and bounds the land, is distinctly stated. Having progressed thus far, the supposed difficulty of identifying the land all vanishes-it is only necessary to follow the line which we have…
2Cases cited2 opinions
- Cunningham v. GreenSupreme Court of Alabama · 1841
- Huffaker v. BoringSupreme Court of Alabama · 1845
3Cited by2 opinions
- Dryden v. SwinburnWest Virginia Supreme Court · 1879
- Mahan v. LesterSupreme Court of Alabama · 1852