Torrey v. Forbes
Supreme Court of Alabama
Appeal from. the Circuit Court of Baldwin. Tried before the Hon. Wm. E. Clarke. This action was brought by Charles Torre.v, as executor of the last will and testament of John Bowen, deceased, against Elisha Eorbes and James A. Bishop, to recover the possession of a tract of land containing 640 acres, particularly described in the'complaint; and was commenced on the 25th November, 1890. On the 28th April, 1891. a memorandum copied by the clerk, signed by an attorney for…
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Appeal from. the Circuit Court of Baldwin. Tried before the Hon. Wm. E. Clarke. This action was brought by Charles Torre.v, as executor of the last will and testament of John Bowen, deceased, against Elisha Eorbes and James A. Bishop, to recover the possession of a tract of land containing 640 acres, particularly described in the'complaint; and was commenced on the 25th November, 1890. On the 28th April, 1891. a memorandum copied by the clerk, signed by an attorney for defendants, states that the “defendants plead not guiltyand then follows, of the same date, an entry of disclaimer by Forbes…
1Opinion of the CourtColeman, J.
— Plaintiff brought suit in ejectment against James A. Bishop and Elisha Forbes. Both defendants entered a joint plea of not guilty. On the same day, the defendant Forbes filed a disclaimer as to all the lands sued for, except one hundred and sixty acres. The plea of not guilty, and a disclaimer, can not be pleaded together. They are inconsistent with each other. The plea of not guilty is a conclusive admission of possession, and puts in issue the title. A disclaimer is an admission of plaintiff’s title, but denies the possession. — McQueen v. Lampley, 74 Ala. 408; Bernstein v. Humes, 60 Ala.…
2Cases cited13 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Drinkard v. StateSupreme Court of Alabama · 1852
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Reeves v. StateSupreme Court of Alabama · 1892
- Bynum v. GoldSupreme Court of Alabama · 1894
- Wade v. GilmerSupreme Court of Alabama · 1914
- Crowder v. Doe ex dem. Tennessee C. I. & R. R. Co.Supreme Court of Alabama · 1909
- McCormick v. McCormickSupreme Court of Alabama · 1930
23 more not listed; retrieve them via the Exa API.