Blakeney v. Blakeney
Supreme Court of Alabama
Error to the Circuit court of Wilcox county. Trespass to try titles, and for damages by an administrator. At the Spring term of the Circuit court of Wilcox county, eighteen hundred and thirty-six, the plaintiff in error, administratrix, See., declared against the defendant in error, for that, said defendant, on tbe first day of January, eighteen hundred and thirty-four, and in the life-time of the intestate, with force and -arms, &c., broke and entered a certain close of the…
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Error to the Circuit court of Wilcox county. Trespass to try titles, and for damages by an administrator. At the Spring term of the Circuit court of Wilcox county, eighteen hundred and thirty-six, the plaintiff in error, administratrix, See., declared against the defendant in error, for that, said defendant, on tbe first day of January, eighteen hundred and thirty-four, and in the life-time of the intestate, with force and -arms, &c., broke and entered a certain close of the intestate, situate, lying and being in the county aforesaid, to wit: the east half of the south east quarter of section…
1Opinion of the CourtCollier, C. J.
The plaintiff in error, as ad-ministratrix of Alfred Blakeney, deceased, brought an action of trespass quare clausum fregit, against the defendant, in the Circuit Court of Wilcox. On her writ, she indorsed, that the action was brought as well to recover damages, as to try titles.
The declaration contains two counts: the first charges, in addition to the breach, entry, &c. of the close of the plaintiff’s intestate, in his hfe-time, that the defendant kept possession thereof, for the sjiace of twelve months, and hindered and prevented the intestate, for that space of time, from occupying the…
2Cases cited1 opinion
- Scott v. ThorpNew York Court of Chancery · 1835
3Cited by21 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Wages v. StateSupreme Court of Alabama · 1932
- Ex Parte BurksSupreme Court of Alabama · 1986
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