173 So. 17 | Ala. | 1937
[EDITORS' NOTE: DRAWING IS ELECTRONICALLY NON-TRANSFERRABLE.] Bill to quiet title to land and this appeal involves only the sufficiency of the description of the land as set out in the bill of complaint.
We are in accord with the contention of appellant's counsel that greater particularity is required in the description of land in complaints and judgments and decrees than in deeds and that judgments and decrees should be so certain as to enable an officer in executing the judgment or decree to do so without the exercise of a discretion. Hughes v. Allen,
We are also aware of the rule that the description of land in a bill in equity should be of the same degree of certainty as a complaint in a real action at law and that, if the description can be made certain by reference to extrinsic facts, such facts should be alleged in the bill. Hurt v. Freeman,
The trial court did not err in overruling the demurrer to the bill and the decree of the circuit court is affirmed.
Affirmed.
THOMAS, BROWN, and KNIGHT, JJ., concur.