Sprouse v. Story
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Heard before the Hon. J. A. Bilp.ro. This was an action of forcible entry and detainer, brought by the appellee, W. M. Story, against ¡the appellant, George Sprouse. The case originally was brought before a justice of the peace, who gave judgment in favor of the plaintiff. The defendant appealed to the circuit court, which also gave judgment for the plaintiff. From the latter judgment, this appeal is taken.
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Appeal from Cherokee Circuit Court. Heard before the Hon. J. A. Bilp.ro. This was an action of forcible entry and detainer, brought by the appellee, W. M. Story, against ¡the appellant, George Sprouse. The case originally was brought before a justice of the peace, who gave judgment in favor of the plaintiff. The defendant appealed to the circuit court, which also gave judgment for the plaintiff. From the latter judgment, this appeal is taken. The opinion. sets out such facts as are necessary to its understanding The complaint was in. Code form, charging forcible entry. Defendants charges were…
1Opinion of the CourtAnderson, J.
An action of forcible entry and detainer under section 2126 of the Code of 1896 lies against one who enters peaceably upon premises in the possession of another, and by unlawful refusal keeps the party out of possession. — Knowles v. Ogletree, 96 Ala. 555.
*544Our first statute on this subject was approved February 10th, 1805, when this State formed a part of the Mississippi Territory, and is found in Clay’s Digest, 250. Under that statute there have been several rulings of this court, defining what degree of force is necessary to constitute a forcible entry.- — Botts v. Armstrong, 8 Por. 57;…
2Cases cited7 opinions
- Ford v. StateSupreme Court of Alabama · 1882
- Ball v. Farley, Spear & Co.Supreme Court of Alabama · 1886
- Knowles v. OgletreeSupreme Court of Alabama · 1893
- Dent v. StateSupreme Court of Alabama · 1894
- Welden v. SchlosserSupreme Court of Alabama · 1883
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3Cited by1 opinion
- Krasner v. GurleySupreme Court of Alabama · 1947