Keller v. Moore
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. James S. Clark. This action was brought by Arthur H. Keller, against Joshua B. Moore, to recover a tract of land near Tuscumbia, containing about twenty acres; and was commenced on the 18th August, 1869. The complaint was in these words: “ The plaintiff sues to recover the following tract of land, to wit,” describing it, “ of which he was possessed before the commencement of this suit; and after such possession…
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Appeal from the Circuit Court of Colbert. Tried before the Hon. James S. Clark. This action was brought by Arthur H. Keller, against Joshua B. Moore, to recover a tract of land near Tuscumbia, containing about twenty acres; and was commenced on the 18th August, 1869. The complaint was in these words: “ The plaintiff sues to recover the following tract of land, to wit,” describing it, “ of which he was possessed before the commencement of this suit; and after such possession accrued, the defendant entered thereupon, and unlawfully withholds and detains the same; together with $8,000 damages…
1Opinion of the CourtPeters, C. J.
This is an action brought under our statute, to recover the possession of a certain tract of land, particularly described in the complaint by metes and bounds. The complaint contained two counts: the first, in the usual statutory form prescribed by the Code in actions of ejectment; and the second for an unlawful detainer. The defendant pleaded, in answer to this complaint, not guilty, and a special plea since the last continuance, averring that he had become the owner of the land by purchase since the commencement of the suit. Issue was taken on each of these pleas, and the case Avas…
2Cited by12 opinions
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- Parker v. Boutwell & SonSupreme Court of Alabama · 1898
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