Bennet v. Morris
Supreme Court of Alabama
Error to Mobile Circuit court. Trespass to try title — before Pickens, J. This action of trespass, was brought by the defendant in error, against the plaintiff in error, to recover a lot of land in the city of Mobile.
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Error to Mobile Circuit court. Trespass to try title — before Pickens, J. This action of trespass, was brought by the defendant in error, against the plaintiff in error, to recover a lot of land in the city of Mobile. It is described in the declaration, as “ a messuage or close, situate, lying and being in the city of Mobile, on the south comer of Jackson and St. Michael street, having a front one hundred and twenty feet on Jackson street, and running back parallel with St. Michael street one hundred and twenty feet, and having a front of one hundred and twenty feet on St. Michael street.”…
1Opinion of the CourtOrmond, J.
The case of Thomas Sturdevant against the heirs of-Murrell, decided at the last term of this court, is decisive of the present-question. In that case, as. in this, the objection was to the uncertainty of the verdict and judgment. - In that case, also, as in this, the verdict did not ascertain, with any precision, the land withheld-from the plaintiff, and of which the sheriff, on the writ of habere facias possessionam, was to put him in possession.
The verdict, in this case, is for “one hundred and twenty feet on the south side of St. Michael street, commencing at the centre of the house…
2Cited by7 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Bradford v. SneedSupreme Court of Alabama · 1911
- Lessley v. PraterSupreme Court of Alabama · 1917
- Dane v. GlennonSupreme Court of Alabama · 1882
- Hurt v. FreemanSupreme Court of Alabama · 1879
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