Goodwin v. Forman

• Decision Date: 08 April 1897
• Citation: Goodwin v. Forman, 114 Ala. 489, 21 So. 946 (Ala. 1897)
• Parties: GOODWIN v. FORMAN ET AL.
• Court: Alabama Supreme Court

21 So. 946

114 Ala. 489

GOODWIN v. FORMAN ET AL.

Supreme Court of Alabama

April 8, 1897

Appeal from circuit court, St. Clair county; George E. Brewer Judge.

Action of ejectment by Margaret E. Goodwin against William S. Forman and another. Judgment for defendants, and plaintiff appeals. Affirmed.

James T. Greene, J. P. Montgomery, M. M. Smith, E. J. Robinson, and Chas. G. Brown, for appellant.

W. C Ward, for appellees.

McCLELLAN J.

This is an action of statutory ejectment prosecuted by Margaret E Goodwin against William S. Forman and B. M. Hill. The complaint is as follows: "The plaintiff sues to recover possession of the following tract of land, reserving and excepting the lands and mineral rights and rights of way heretofore sold to Sloss Furnace Company, which said sale is matter of record; and also the right of way to the Caskey Cherry Company, which said sale is also a matter of record and also excepting all mineral and mining privileges heretofore sold to St. Clair Mineral & Mining Company in the following described land, to wit: All that part of the S.W. 1/4 of the S.W. 1/4 of section 13, township 14, range 2 east, which lies north of the public road which passes over said land, supposed to be twenty acres, more or less; also the N.W. 1/4 of S.W. 1/4 of section 13, township 14, range 2 east, and N.W. 1/4 of N.W. 1/4 of section 18, township 14, range 2 east,-said interest consisting of 20 acres contained in the above-described N.W. 1/4 of N.W. 1/4 of section 18, township 14, range 3 east, and as yet being surveyed, but being the west half of said 40 acres; and the S.E. 1/4 of S.E. 1/4 of section 12, township 14, range 2 east; and the W. 1/2 of N.W. 1/4, and the N. 1/2 of S.W. 1/4, of section 18, township 14, range 3 east; also the N.W. 1/4, and the east half of the N.E. 1/4, and W. 1/2 of the N.E. 1/4, section 13; and S.W. 1/4, and W. 1/2 of S.E. 1/4, and S.W. 1/4 of N.W. 1/4, of section 12,-all in township 14, range 2 east; except three acres where Pleasant Hill church stands; and also excepting the lands heretofore sold James Golding and William Hollenark off of the above lands, and described as follows, viz.: Commencing where the north boundary line crosses what is called the 'Walker Branch,' and running north of west to the top of the ridge (and the top of the ridge being an agreed line between Thomason, Golding, and Hollenark), and thence to Bolling Coxe's line, and which said lands are the lands known as the 'Morris Mill Tract,' on the waters of Canoe creek, in said county, and being the lands deeded to F. M. Thomason by E. G. Morris and his wife, J. G. Morris and his wife, Sims and wife, and Benjamin Jones and his wife, to said F. M. Thomason, with the exceptions and reservations hereinbefore mentioned and described, of which she was in possession, and upon which pending such possession, and before the commencement of this suit, the defendants entered and unlawfully withholds the same, together with $2,500 for the detention thereof."

The infirmities of this complaint in respect of the identification of the land sued for are obvious. In the first place, it is not made to appear whether the land is east of the St. Stephens or of the Huntsville meridian;...