Spears v. Wise
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hou. H. A. Pearce. Ejectment by John F. Wise and others against J. H. Spears. Judgment for plaintiffs, and defendant appeals. The land sued for is described in the opinion.
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Appeal from Coffee Circuit Court. Heard before Hou. H. A. Pearce. Ejectment by John F. Wise and others against J. H. Spears. Judgment for plaintiffs, and defendant appeals. The land sued for is described in the opinion. The verdict of the jury found for the plaintiff for the land sued for, to wit: W. % of S. W. 44 of S. W. 44, section 8, township 6, range 19, and S. E. 44 of N. W. 44? sec_ tion 17, township 6, range 19, and N. E. 44 of N. W. 44? section 17, township 6, range 19, and 10 acres on the east line of S. E.44 of S. E. 44? section 7, township 6, range 19, and N. W. 44 of N. W. 44,…
1Opinion of the CourtAnderson, C. J.
While the complaint in this case. is for the 80 acres of land described as the N. W. 44 of *348S. W. % and S. W. % of N. W. % of section 12, township 3, range 19, in Coffee county, Ala., the-verdict of the jury is for considerably more land and all of which is an entirely different description both as to section and township. It is true, the verdict finds the issue in favor of the plaintiffs for the land sued for, but it then proceeds to specifically describe the land as being an entirely different tract from the one sued for in the complaint. Had the verdict merely been for the land sued for, or…
2Cases cited4 opinions
- Kilgore & Son v. Shannon & Co.Alabama Court of Appeals · 1912
- Doyle v. FranklinCalifornia Supreme Court · 1870
- Webb v. ReynoldsSupreme Court of Alabama · 1903
- Wiggins v. SteinerSupreme Court of Alabama · 1893
3Cited by6 opinions
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Collins v. CarterMississippi Supreme Court · 1929
- Norrell v. DownesSupreme Court of Alabama · 1954
- Sarratt v. ArthurSupreme Court of Alabama · 1917
- Thrasher v. RoysterSupreme Court of Alabama · 1917
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