Legal Opinion

Huffaker v. Boring

Supreme Court of Alabama

Decided January 15, 1845PublishedCited by 5 opinions

Error to the Circuit Court of Cherokee. This was a proceeding under the statute, at the suit of the defendant below, for a forcible entry and detainer.

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Error to the Circuit Court of Cherokee. This was a proceeding under the statute, at the suit of the defendant below, for a forcible entry and detainer. The complaint states, that the plaintiff below « was in peaceable possession of the north east quarter of section five, township eight, range eleven, east, in the Coosa land district, in the west part of said quarter, being and lying in the State and county aforesaid, dwelling house and other buildings, and fifty acres of land cleared, more or less.” Further, after alledging the forcible entry and detainer of the premises, the complaint then…

1Opinion of the CourtCollier, C. J.

In Wright v. Lyle, 4 Ala. Rep. 112, the complaint stated, that the plaintiff “was in possession of a certain messuage and parcel of land, with the appurtenances, containing thirty acres, be the same more or less, adjoining Thomas B. Watts and others, in the county of De Kalb, until James C. Wright, on &c., unlawfully entered thereupon, and forcibly and unlawfully detains and keeps possession of said land, and appurtenances, &c.” ThisCourtdeterminedthat the description of the land was not sufficiently definite, but held, that the allegation of force showed an unlawful detainer. In McRae v.…

2Cases cited3 opinions

  1. Wright v. LyleSupreme Court of Alabama · 1842
  2. McRae v. TillmanSupreme Court of Alabama · 1844
  3. Moore v. MassieCourt of Appeals of Kentucky · 1823

3Cited by5 opinions

  1. Crommelin v. MinterSupreme Court of Alabama · 1846
  2. Parker v. Jefferson CountySupreme Court of Alabama · 1923
  3. Matlock v. ThompsonSupreme Court of Alabama · 1851
  4. Rayburn v. ElrodSupreme Court of Alabama · 1869
  5. Bell v. KillcreaseSupreme Court of Alabama · 1847

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