Walters v. Commons
Supreme Court of Alabama
This was an action of trespass, to trj title, instituted by Walters against Commons, in the Circuit Court of Perry. Walters was owner of the south east quarter of section eight, in township eighteen, of range ten, and Commons claimed the east half of the south west quarter of the samé section.
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This was an action of trespass, to trj title, instituted by Walters against Commons, in the Circuit Court of Perry. Walters was owner of the south east quarter of section eight, in township eighteen, of range ten, and Commons claimed the east half of the south west quarter of the samé section. The whole section was found to contain six hundred and fifty two 37-100 acres, and the question raised in this case, was, in substance, whether the surveyors had the right of removing the half mile' posts, and of thus giving the plaintiff his portion of the excess in the section. The Court below,…
1Opinion of the Court
By Mr. Justice Hitchcock:
This is an action brought by the plaintiff in error, in the Circuit Court of Perry county, to recover possession of a piece of land in possession of, and claimed by the defendant. At the trial below, a bill of exceptions was taken, which presents the following state of facts.
The plaintiff gave in evidence a patent from the United States, for the south east quarter of section eight, township eighteen, range ten, containing one hundred and sixty 70-100 acres, and, that the defendant was in possession of, and claimed the east' half of the south west quarter of the same…
2Cited by6 opinions
- Nolin v. ParmerSupreme Court of Alabama · 1852
- Nolen v. PalmerSupreme Court of Alabama · 1854
- O'Rear v. ConwaySupreme Court of Alabama · 1955
- Wharton v. LittlefieldSupreme Court of Alabama · 1857
- Edwards v. FordCourt of Civil Appeals of Alabama · 2011
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