Barefoot v. Wall
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon. JNO. R. TysoN. This action of unlawful detainer was brought by the appellant against appellee on 15th February, 1894, and tried upon pleas of the general issue and the statute of limitations.
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Appeal from Pike Circuit Court. Tried before Hon. JNO. R. TysoN. This action of unlawful detainer was brought by the appellant against appellee on 15th February, 1894, and tried upon pleas of the general issue and the statute of limitations. The testimony of the plaintiff in his own behalf, was that the defendant was his son-in-law ; and that until about 1881, neither he nor the defendant laid any claim to the land in dispute, which was then entirely woodland, but in that year, the defendant cleared a portion of it, hut abandoned it. The witness then took possession of it, clearing and…
1Opinion of the CourtColeman, J.
The present suit was instituted by the appellant to recover possession of a parcel of land held by the defendant. The action is for an unlawful *329detainer. Ordinarily to authorize a recovery in this action, the plaintiff must show previous possession, but when the occupant enters upon possession as a tenant, or being in possession attorns to one, who claims the possession, such tenant, if he continues in possession obtained by attornment or promise to pay rent, no fraud having been practiced on him, cannot deny the previous possession of the person to whom he attorned, or promised to pay rent,…
2Cases cited2 opinions
- Turnley v. HannaSupreme Court of Alabama · 1886
- King v. BollingSupreme Court of Alabama · 1884
3Cited by5 opinions
- Farley v. Bay Shell Road Co.Supreme Court of Alabama · 1899
- Barnewell v. StephensSupreme Court of Alabama · 1904
- Lipscomb v. MooreSupreme Court of Alabama · 1934
- Gault v. McCalleySupreme Court of Alabama · 1933
- Jordan v. SumnersSupreme Court of Alabama · 1930