Cottingham v. Hill
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Tried before Hon. John Moore. The appellees sued the appellants to recover a parcel of land, Avhich was described in the complaint the same as in plaintiffs’ deed. This description and all the facts sufficiently appear in the opinion of the court- The case Avas tried on an agreed statement of facts. From a* judgment for plaintiffs, defendants appeal.
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Appeal from Bibb Circuit Court. Tried before Hon. John Moore. The appellees sued the appellants to recover a parcel of land, Avhich was described in the complaint the same as in plaintiffs’ deed. This description and all the facts sufficiently appear in the opinion of the court- The case Avas tried on an agreed statement of facts. From a* judgment for plaintiffs, defendants appeal. Plaintiffs’ deed is void for uncertainty in the description of the lands. — 2 DeAdin on Deeds, 1010, 1011; Wofford v. McKenna, 76 Am. Dec. 53; Howard v. North, 51 Am. Dec. 769; Rule 28 Elphinstone’s Inter, of…
1Opinion of the CourtColeman, J.
The appellees sued in ejectment to recover an acre of land. Plaintiffs and defendants claim from a common source, the plaintiffs’ deed having been executed first. There is no controversy as to the facts. The contention is whether plaintiffs’ deed is void for want of a sufficient description of the land, and Avhether parol evidence Avas admissible to identify the land. The deed describes the land as follow's: “One acre of land situated on the old Columbiana and Centreville road, on Avhich the school house is to be built, and more particularly described as part of N. W. ¼ of N. W. ¼ of section…
2Cases cited5 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Homan v. StewartSupreme Court of Alabama · 1893
- Webb v. Elyton Land Co.Supreme Court of Alabama · 1894
- Clements v. PearceSupreme Court of Alabama · 1879
- Clement v. Draper Mathis & Co.Supreme Court of Alabama · 1895
3Cited by17 opinions
- Karter v. EastSupreme Court of Alabama · 1929
- Nolen v. HenrySupreme Court of Alabama · 1914
- Alabama Central Railroad v. LongSupreme Court of Alabama · 1909
- First Sav. Bank & Trust Co. v. ElginNew Mexico Supreme Court · 1924
- Little v. ThomasSupreme Court of Alabama · 1920
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