62 So. 774 | Ala. | 1913
This is an action of ejectment, brought by appellants against appellee, to recover an undivided one-fifth interest in the S. ½ of the S. W. 1/4 of section 8, township 17 south, range 4 west, situated in Jefferson county, Ala.
The parties claim through a common source of title, Thomas Higgins. The plaintiffs claim as heirs at law, being grandchildren of sa~d Higgins, while the defendant claims through will of said Thomas Higgins to his
The case at bar we think is very much like that of Chambers v. Ringstaff, 69 Ala. 140. The contention of the appellant in that case was identical with that of appellant in this case. There, in the description of the land, the section-was given but no reference was made to either state, county, or basis meridian, while in this case the land is described as being in the Montgomery Land Office District. Parol proof was allowed in that case to make the description certain; and the fact was shown that the grantor or mortgagor owned the land in question whereas the proof failed to show that she owned any other 'which would correspond to the description. As was-pointed out by Judge Stone in the
The undisputed evidence was that the testator owned the land in question; in fact, both parties claim through him; and the proof utterly failed to show that he owned any other that would correspond to the description. It therefore follows that the general affirmative charge was properly given for the defendant.
Affirmed.