Carling v. Wilson
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. Ejectment by Albert F. Wilson against T. J. Carling, as trustee. From a judgment for plaintiff, defendant appeals.
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Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. Ejectment by Albert F. Wilson against T. J. Carling, as trustee. From a judgment for plaintiff, defendant appeals. The deed from Holt to Wilson, of September - 30, 1908, is as folloAVS: After the usual granting clause, stating considerations, etc., the description is as follows : “The folloAving described lands situated in Elmore county, state of Alabama, to Avit: 25 acres, more or less, in fractional sections 21 and 22, toAvnship 19, range 18, Elmore county, Alabama, on the west side of Coosa river, bounded on the south as…
1Opinion of the CourtMcCLELLAN, J.
Statutory ejectment by Wilson, appellee, against Carling, appellant. The plaintiff’s right to recover, as appears from this record, depends upon the efficacy, as a conveyance, of the instrument purporting to have been executed, on September 80, 1908, by T. R. and M. H. Holt, to Albert F. Wilson. The report of the appeal will contain a copy of that instrument.
It appears, with certainty, from the evidence, that the Holts owned a large area of land in fractional sections 16, 21, and 22, of township 19 N., range 18 E., on the west and south (in section 16) sides of the Coosa river. It was the…
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