Hall v. Wallace
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. The record does not show the name of the presiding judge. This action, which was commenced by summons and complaint, was brought to recover a certain tract of land, together with damages for its detention.
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Appeal from the Circuit Court of Shelby. The record does not show the name of the presiding judge. This action, which was commenced by summons and complaint, was brought to recover a certain tract of land, together with damages for its detention. The defendant pleaded in abatement the pendency of an action of trespass vi et armis for the recovery of the same land, and damages for the detention thereof, which was brought by the plaintiffs and others against him before the commencement of this suit, and was still pending. A demurrer was interposed to this plea, which was overruled; and judgment…
1Opinion of the Court
LIGON, J. —
The demurrer was improperly overruled. The plea is in abatement for matters de hors the record of the case in which it is pleaded, and is not verified by the oath of the party pleading it. This is fatal on demurrer. — 1 Chit. PL 460-62, 454.
It is also bad in substance. The action is trespass to try titles, and is subject to the same rules which govern in ejectment at common law. — -Code, § 2209; Clay’s Dig. 320, § 43-4-5. We have already held, upon the best authority, that neither party is concluded as to title by a verdict and judgment in ejectment; and if the plaintiff persist in…
2Cases cited1 opinion
- Camp v. ForrestSupreme Court of Alabama · 1848
3Cited by8 opinions
- Williams v. GastonSupreme Court of Alabama · 1906
- A B C Supermarket, Inc. v. American Employers Ins. Co.Supreme Court of Alabama · 1968
- Callahan v. DavisSupreme Court of Missouri · 1894
- Gaston v. StateSupreme Court of Alabama · 1889
- Drey v. DoyleMissouri Court of Appeals · 1887
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