57 So. 836 | Ala. | 1912
Action of statutory ejectment by appellants against appellees. Plaintiffs claimed as heirs at law of one Bell. Defendants claimed under a mortgage deed of trust from Bell to one Hughes, foreclosure by bill in equity with due process, and mesne conveyance from the purchaser. In the mortgage the land in controversy was described as follows: Beginning 80 rods west of the south of the southeast corner of section 7, township 16, range 9, in about one rod north of Oxford road in section 18, running north within 173 rods of north line of section 7; thence west 'within 49 rods of west line of said section; thence south to one rod of mill ditch; thence east one rod from said ditch to where fence crosses same; thence Avith the meanderings of said fence to the corner east; thence east to the beginning corner near the road — making 180 acres more or less. A copy of the mortgage deed of trust Avas made an exhibit to the bill for foreclosure, but in the body of the bill the land was described as “beginning eighty rods west of south of the southwest corner of section seven, township sixteen, range nine, in about one rod north of Oxford road in section eighteen, running north,” and so on. In the subsequent proceedings in the equity court, including the decree of foreclosure, deed to the purchaser, writ of possession, and in the purchaser’s deed to the defendants, the descriptions followed that in the body of the bill. The description of the
This disposes of the case. The action of the circuit court in giving the general affirmative charge for the defendants was correct, and the judgment avüI be affirmed.
Affirmed.