16 Ala. 552 | Ala. | 1849
This was an action of trespass to try title, &e. to a store house and lot in Pickensville, bought by the defendant against the plaintiff in error. There was a verdict and judgment for the plaintiff below, for the recovery of the lot and two hundred dollars damages for the detention.
Upon the trial the defendant objected to the introduction by the Bank of evidence to the jury of a deed, executed by the sheriff of Pickens county, for the premises in question. This deed is made to the Bank, and recites that the sale was made in virtue of two write of venditioni exponas at the suit of the Bank against Andrews & Purvis, by which said sheriff was commanded of the goods, &c. of the said Andrews & Purvis,
The verdict, we think, is sufficiently certain to warrant the judgment. It describes the premises as “ lot no. 28, in the plat of the .town of Pickensville, in Pickens county.” Many town lots would scarcely be susceptible of a more particular ¡designation than by their numbers upon the plat of the survey of the town. The area, it is true, might be ascertained and .proved, and the boundaries given, if there were natural objects by which to designate the lines; but in the case before us, reference being made to the plat of the town survey, we think the verdict aud judgment sufficiently certain to enable the sheriff, without difficulty, to execute the writ of possession. 3 Humph. 626; 2 J. J. Marsh. 388; 4 Munf. 468; 5 Watts, 371. The case at bar is entirely unlike the cases of Sturdevant v. The Heirs of Merrill, 8 Porter’s Rep. 318, and Bennett v. Morris, 9 Porter, 171. In the first case, the land was described as bounded on the west and south by lands which were vacant in 1804. In.the other, the boundary was given thus, u One hundred and twenty feet on the south side oí St. Michael’s street, commencing at the centre of the house occupied by James Wilson in 1817, &c.” These descriptions, were held too uncertain, as it would have been a difficult, if not an impossible undertaking, for the sheriff to ascertain what lands were vacant in 1804, west, and south of the points designated, or what house was occupied by James Wilson in 1817. In the case before us, however, the plat of the town, which is usually preserved, will furnish the sheriff an easy and certain means of executing the process of the court.
We can see no error in the record, and the judgment is consequently affirmed.