Kirkland v. Trott
Supreme Court of Alabama
Appeal from Sumter Circuit Court. Tried before Hon. Joi-iN Moore. This was a motion under the statute by David II. Trott for rents of an undivided half interest in a designated lot of land in the town of Livingston, which he had, on 16th October, 1877, recovered in an action of ejectment brought by him against David L. Kirkland ; and was filed on 2nd December, 1882. The defendant filed the following pleas: 1. “The general issue.” 2. The statute of limitations of one year. 3.…
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Appeal from Sumter Circuit Court. Tried before Hon. Joi-iN Moore. This was a motion under the statute by David II. Trott for rents of an undivided half interest in a designated lot of land in the town of Livingston, which he had, on 16th October, 1877, recovered in an action of ejectment brought by him against David L. Kirkland ; and was filed on 2nd December, 1882. The defendant filed the following pleas: 1. “The general issue.” 2. The statute of limitations of one year. 3. That at the time of plaintiff’s recovery, plaintiff and defendant were tenants in common, each having an equal…
1Opinion of the CourtStone, J.
We can not agree with appellant that section 3231, sub-division 6, of the Code of 1876, fixes the limitation of this action. It is a substitute for an action for mesne profits, is in the nature of a suit for use and occupation, or for arrears of rent, is authorized by the statute, and, we think, it falls within section 3226 of the Code. To hold that it is a civil action for an “injury to the rights of another,” is certainly a very indefinite, if not an inaccurate definition. All the analogies assign it a place under section 3226 of the Code.
In ordinary cases, one tenant in common is not…
2Cases cited4 opinions
- Newbold v. SmartSupreme Court of Alabama · 1880
- Terrell v. CunninghamSupreme Court of Alabama · 1881
- Peevey v. CabanissSupreme Court of Alabama · 1881
- Kirkland v. TrottSupreme Court of Alabama · 1880
3Cited by3 opinions
- Southern Bell Telephone & Telegraph Co. v. McTyerSupreme Court of Alabama · 1902
- Person v. ThorntonSupreme Court of Alabama · 1888
- Harsh v. WaldSupreme Court of Alabama · 1921