Loper v. E. W. Gates Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Washington County; Ben D. Turner, Judge. Action in ejectment by the E. W. Gates Lumber Company against M. Y. Loper. From a judgment for plaintiff, defendant appeals. Plea 2 follows the exact verbiage of the statute, and was erroneously stricken. Acts 1919, p. 365, § 284. Plea 3 efficiently set up the statute of limitations of three years, and was not subject to demurrer.
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Appeal from Circuit Court, Washington County; Ben D. Turner, Judge. Action in ejectment by the E. W. Gates Lumber Company against M. Y. Loper. From a judgment for plaintiff, defendant appeals. Plea 2 follows the exact verbiage of the statute, and was erroneously stricken. Acts 1919, p. 365, § 284. Plea 3 efficiently set up the statute of limitations of three years, and was not subject to demurrer. Acts 1919, p. 366, § 287; Code 1907, § 5383 (32). It is presumed that an officer has substantially complied with the directions of a statute, and defendant’s tax deed should have been admitted in…
1Opinion of the CourtMiller, J.
This is a statutory ejectment suit (following Code form No. 29, p. 1200, vol. 2, Code 1907), instituted by E. W. Gates Lumber Company, a corporation, against M. V. Loper, to recover possession of lots 8 and 10 in block 8, in the town of Yellow Pine, Washington county, Ala. The suit was originally filed against Matt Loper, and on the complaint was indorsed the fact that Matt Loper was the tenant of M. Y. Loper, requesting that a copy of the summons and complaint be served on the landlord. The landlord, M. Y. Loper, appeared as sole defendant in the cause, and filed pleas to the complaint. The…
2Cases cited16 opinions
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Long v. BoastSupreme Court of Alabama · 1907
- Oliver v. RobinsonSupreme Court of Alabama · 1877
- Shelton v. Aultman & Taylor Co.Supreme Court of Alabama · 1886
- Pollak v. MilamSupreme Court of Alabama · 1914
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Odom v. AverettSupreme Court of Alabama · 1946
- Kelly v. HanwickSupreme Court of Alabama · 1934
- Morris v. WaldropSupreme Court of Alabama · 1925
- Morris v. CardSupreme Court of Alabama · 1931
- Quinn v. HannonSupreme Court of Alabama · 1955
6 more not listed; retrieve them via the Exa API.