Legal Opinion

Hunnicutt v. Head

Supreme Court of Alabama

Decided December 17, 1912PublishedCited by 6 opinions

Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Ejectment by M. M. Head against J. W. Hunnicutt. Judgment for plaintiff, and defendant appeals.

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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Ejectment by M. M. Head against J. W. Hunnicutt. Judgment for plaintiff, and defendant appeals. See, also, 172 Ala. 18, 55 South. 161. The description in the complaint is as follows: “One lot upon which the former residence of W. A. Neal and other buildings and appurtenances are situated, near Vick postoffice, more particularly described as follows : Begin at the southeast corner of Sandy Church lot, on the north side of Randolph and Centreville public roads; thence north along said church lot land fifty-five yards; thence Svest’…

1Opinion of the CourtMcCLELLAN, J.

Statutory ejectment. The report of the case on former appeal is to be found in 172 Ala. 48, 55 South. 161.

Upon further consideration, on rehearing, the court finds that what purports to be a description of the lands in suit, in the complaint, and in the verdict and judgment is wholly indefinite and insufficient. If speculation may be indulged, as aided by the description in the deed from Neal to plaintiff, the error in complaint, verdict, and judgment arises from the improper use of “west” for “east” in giving the direction for the north line. As set out in the pleading and in the verdict and…

2Cases cited2 opinions

  1. Head v. HunnicuttSupreme Court of Alabama · 1911
  2. Den Ex Dem. Mhoon v. DrizzleSupreme Court of North Carolina · 1832

3Cited by6 opinions

  1. Little v. ThomasSupreme Court of Alabama · 1920
  2. Johnson v. Blocton-Cahaba Coal Co.Supreme Court of Alabama · 1921
  3. Welden v. BrownSupreme Court of Alabama · 1914
  4. Public Service Co. v. VoudomasSupreme Court of New Hampshire · 1930
  5. Jones v. WildSupreme Court of Alabama · 1914

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