Luling v. Sheppard
Supreme Court of Alabama
Appeal from tlie Circuit Court of Mobile. Tried before the Hon. William S. Andekson. This was a suit commenced before a justice of the peace on the 2d day of March, 1895, by the filing of a complaint which averred that plaintiff sued ‘ ‘to recover the possession of the following tracts of land in the western suburbs and within the limits of the old city of Mobile, viz., [describing the lands] , of which he was in possession, and upon which, pending such possession, and…
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Appeal from tlie Circuit Court of Mobile. Tried before the Hon. William S. Andekson. This was a suit commenced before a justice of the peace on the 2d day of March, 1895, by the filing of a complaint which averred that plaintiff sued ‘ ‘to recover the possession of the following tracts of land in the western suburbs and within the limits of the old city of Mobile, viz., [describing the lands] , of which he was in possession, and upon which, pending such possession, and before the commencement of this suit, the defendant forcibly entered, and now unlawfully detains.” The defendant filed two…
1Opinion of the CourtColeman, J.
This is an action of forcible entry and unlawful detainer, or of unlawful detainer. There are several questions presented in the record, which we deem it unnecessary bo consider. The question . which seems to have been a material point in the case on the *593trial was whether one person can successfully defend, a forcible entry and unlawful detainer or peaceable entry and unlawful detainer of land, when sued, upon the ground, that his entry and detention is in the capacity of agent and not in his own right. One guilty of a forcible entry or unlawful detainer is guilty of a tort. No principle of…
2Cases cited2 opinions
- Mayer v. Thompson-Hutchison BuildIng Co.Supreme Court of Alabama · 1894
- Perminter v. KellySupreme Court of Alabama · 1851
3Cited by10 opinions
- Wright v. McCordSupreme Court of Alabama · 1920
- Bromberg v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Wright v. FanninSupreme Court of Alabama · 1934
- Atlantic Coast Line R. Co. v. CarrollSupreme Court of Alabama · 1922
- Millitello v. B. F. Roden Grocery Co.Supreme Court of Alabama · 1914
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