Hall v. Holcombe
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby, The record does not show the name of the presiding judge. This action was brought by the appellants, on the 19th January, 1853, to recover a certain tract of land, which is particularly described in the complaint, together with damages for its detention.' The defendant pleaded in abatement the pendency of a previous action of trespass, brought by plaintiffs and others against him, for the recovery of the same land.
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Appeal from the Circuit Court of Shelby, The record does not show the name of the presiding judge. This action was brought by the appellants, on the 19th January, 1853, to recover a certain tract of land, which is particularly described in the complaint, together with damages for its detention.' The defendant pleaded in abatement the pendency of a previous action of trespass, brought by plaintiffs and others against him, for the recovery of the same land. To this plea the plaintiffs demurred, but the court overruled the demurrer, and, on their declining to plead over, rendered judgment…
1Opinion of the CourtChilton, C. J.
—The plea in abatement in this case is clearly bad, and should have been so held upon demurrer.— Athough the former action was brought to recover the same land, it shows that it was brought by other persons than those who are the present plaintiffs. True, the present plaintiffs unite with them ; but this makes no difference : the legal presumption is, that it was properly brought, and hence that it is not brought upon the samo title ; as the rule is, that all the plaintiffs must recover, or none of them can.—1 Chitty’s Pl. 66; Adams on Ej. 299, and notes; Patton v. Crow, at the present term.…
2Cases cited1 opinion
- Hall v. WallaceSupreme Court of Alabama · 1854
3Cited by1 opinion
- Crump v. WallaceSupreme Court of Alabama · 1855