Doe ex dem Miller v. Cullum
Supreme Court of Alabama
Whit of Error to the Circuit .Court of Mobile. This was an action of ejectment against the plaintiff in error to recover the possession of a tract of land situate in the city of Mobile, and described in his declaration as follows, viz:— Beginning at a point in the county of Mobile, on the sectional line between section number twenty-seven and thirty-four, and twenty-six and thirty-five, township number four, south, range number one, west, and distant eight chains and…
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Whit of Error to the Circuit .Court of Mobile. This was an action of ejectment against the plaintiff in error to recover the possession of a tract of land situate in the city of Mobile, and described in his declaration as follows, viz:— Beginning at a point in the county of Mobile, on the sectional line between section number twenty-seven and thirty-four, and twenty-six and thirty-five, township number four, south, range number one, west, and distant eight chains and thirty-nine links north from the corner post of said section, thence south eighty two degrees east, the distance of thirty-one…
1Opinion of the CourtCollier, C. J.
The question arising upon the prayer of the plaintiff for instructions to the jury is, whether the mouth of the branch traced on the map, which accompanies the Spanish and American surveys in question, is the true point of beginning, in order to ascertain the precise tract of land embraced by them.
It is true, that where a map is referred to in a grant or deed as indicating what is intended to be conveyed, it is regarded as a part of the conveyance, and may be referred to for the purpose of aiding in the identification of the land, showing its form, location, &c. Yet it can rarely, if ever,…
2Cases cited8 opinions
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Blake v. DohertySupreme Court of the United States · 1820
- Preston's Heirs v. BowmarSupreme Court of the United States · 1821
- Chinoweth v. Lessee of HaskellSupreme Court of the United States · 1830
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Tidwell v. StateSupreme Court of Alabama · 1881
- Vance v. ForeCalifornia Supreme Court · 1864
- City of Mobile v. ChapmanSupreme Court of Alabama · 1918
- Nolen v. StateAlabama Court of Appeals · 1950
- Thrasher v. RoysterSupreme Court of Alabama · 1913
17 more not listed; retrieve them via the Exa API.