Lomb v. Pioneer Saving's & Loan Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was a statutory action in the nature of an action of ejectment, brought by the appellee, the Pioneer Savings & Loan Company, against the appellant, Artie H. Lomb, to recover certain lands specifically described in the complaint; and was instituted on April 8, 1892. ■ On the trial of- the case, the defendant suggested that the suit was brought by a mortgagee against a mortgagor, and that the…
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was a statutory action in the nature of an action of ejectment, brought by the appellee, the Pioneer Savings & Loan Company, against the appellant, Artie H. Lomb, to recover certain lands specifically described in the complaint; and was instituted on April 8, 1892. ■ On the trial of- the case, the defendant suggested that the suit was brought by a mortgagee against a mortgagor, and that the mortgage debt should be ascertained and entered of record. The defendant filed several pleas, which, as amended, were…
1Opinion of the CourtBrickell, C. J.
— The statutes confer on a party suing for the recovery of lands, or for the possession thereof, the right to elect either of the two remedies they provide-; — an action of ejectment, or an action in the nature of an action of ejectment. The substance of the complaint in the latter form of action is prescribed, and in effect it is an action of ejectment stripped of the forms and fictions which were at common law the characteristics of that form of action. — Code, §§ 2695-96. And it is declared that “the general issue in an action in the nature of an action of ejectment is ‘not guilty, ’ and…
2Cases cited9 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- You v. FlinnSupreme Court of Alabama · 1859
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Jordan v. SumnersSupreme Court of Alabama · 1930
- Blair v. BlairSupreme Court of Alabama · 1917
8 more not listed; retrieve them via the Exa API.