Daniels v. Williams
Supreme Court of Alabama
Appeal from Washington Circuit Court. Heard before Hon. Samuel B. Beowne. Forcible entry and detainer by Kerry N. Daniels against T. B. Williams and another. Judgment for defendants and plaintiffs appeal.
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Appeal from Washington Circuit Court. Heard before Hon. Samuel B. Beowne. Forcible entry and detainer by Kerry N. Daniels against T. B. Williams and another. Judgment for defendants and plaintiffs appeal. The affidavit must state and the proof must show that defendant entered peaceably and under claim of title. — Sec. 4288, Code 1907; Mallon v. Moog, 129 Ala. 303; Fern v. Beirne, 129 Ala. 435. Although defendant may have the legal title, if plaintiff be in possession, and defendant enters by force or forcibly ejects plaintiff plaintiff becomes entitled to recover. — Brotan v. French, 148 Ala.…
1Opinion of the CourtSomerville, J.
Plaintiff • sued defendants in a justice’s court for the possession of certain lands, the complaint containing a count in forcible entry and detainer and also in unlawful detainer. Under section 4283 of the Code, defendants transferred the cause to the circuit court, having filed the required affidavit that they “entered on the land sued for peaceably, and under claim of title thereto, and not under claim of any agreement, contract, or understanding with the plaintiff, or those under whom he claims, and that petitioner bona fide desires to contest with plaintiff the title to said land.” On…
2Cases cited9 opinions
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Green v. JordanSupreme Court of Alabama · 1887
- Doe ex dem. Hooper v. ClaytonSupreme Court of Alabama · 1886
- Billingsley v. BatesSupreme Court of Alabama · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Phillips v. PhillipsSupreme Court of Alabama · 1914
- Walker v. ColeySupreme Court of Alabama · 1956
- Bellenger v. WhittSupreme Court of Alabama · 1922
- Gerald v. HayesSupreme Court of Alabama · 1920
- Chandler v. PopeSupreme Court of Alabama · 1920
14 more not listed; retrieve them via the Exa API.