Wilson v. State
Supreme Court of Alabama
Appeal from the County Court of Bibb. Tried before the Hon. N. H. Thompson. The appellant, W. D. Wilson, was tried and convicted under a prosecution commenced by the following affidavit: “Before me, S. J. Gardner, a justice of the peace in and for said county and State, personally appeared Harrison Kennedy, who being by me first duly sworn, doth depose and say that W. D. Wilson, alias Watt Wilson was, on, to-wit, the 12th day of January, 1897, dispossessed of a certain tract…
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Appeal from the County Court of Bibb. Tried before the Hon. N. H. Thompson. The appellant, W. D. Wilson, was tried and convicted under a prosecution commenced by the following affidavit: “Before me, S. J. Gardner, a justice of the peace in and for said county and State, personally appeared Harrison Kennedy, who being by me first duly sworn, doth depose and say that W. D. Wilson, alias Watt Wilson was, on, to-wit, the 12th day of January, 1897, dispossessed of a certain tract of real estate, to-wit [describing the land] in Bibb county, Ala., by Robt. Vance, as sheriff of Bibb county, Ala.,…
1Opinion of the CourtHaralson, J.
There was no merit in the demurrer of the defendant to the affidavit for arrest. It seems to have been in substantial compliance with the act of February 21, 1893. (Acts-, 1892-93, p. 1046) ; Code of 1886, §§ 4204, 4259.
It is well settled that ejectment is a possessory action, operating only on the possession, and must be commenced against the person in possession; and that a judgment in ejectment against a tenant is not evidence against the landlord, unless he is admitted to defend, or joined with the tenant in making defense, notwithstanding he may be dispossessed by the writ of possession…
2Cases cited2 opinions
- Smith v. GayleSupreme Court of Alabama · 1877
- Hawes v. RuckerSupreme Court of Alabama · 1891
3Cited by3 opinions
- Holland v. PattilloSupreme Court of Alabama · 1921
- Atwood v. StateSupreme Court of Kansas · 1898
- Ward v. StateAlabama Court of Appeals · 1917