Legal Opinion

Mooty v. Doyle

Alabama Court of Appeals

Decided April 16, 1911PublishedCited by 4 opinions

Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Action for use and occupation of a house, begun by attachment in the justice court by R. O. Mooty against David Doyle and carried by appeal to the circuit court where there ivas judgment for the defendants and plaintiff appeals.

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Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Action for use and occupation of a house, begun by attachment in the justice court by R. O. Mooty against David Doyle and carried by appeal to the circuit court where there ivas judgment for the defendants and plaintiff appeals. The court erred in the-exclusion of the deed from Roherson to Mooty as the action was maintained under subdivision 4 of section 4758, Code 1907, and there is no way of showing the nature of the possession than by an exhibition of the muniments of title. — Bailey v. BleacJcshear Go., 142 Ala. 254; see,…

1Opinion of the Court

de GRAFFENRIED, J.

The action for use and occupation of land was unknown to the common law, and section 4753 of the Code prescribes the only classes of cases in which it can be maintained in this State.— Lankford v. Green, 52 Ala. 103.

In all cases brought under subdivisions 1, 2, and 3 of the above section of the Code, “there must exist a relation between the parties founded on an express or implied contract which estops the defendant from drawing the title of the owner into the controversy.”—Burgess v. Amer. Mortgage Co. of Scotland, 115 Ala. 468, 22 South. 282.

The code committee added…

2Cases cited5 opinions

  1. Weaver v. JonesSupreme Court of Alabama · 1854
  2. Barnewell v. StephensSupreme Court of Alabama · 1904
  3. Burgess v. American Mortgage Co.Supreme Court of Alabama · 1896
  4. Buck v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
  5. Lankford v. GreenSupreme Court of Alabama · 1875

3Cited by4 opinions

  1. Alabama Butane Gas Co. v. Tarrant Land Co.Supreme Court of Alabama · 1943
  2. Davis v. ReedSupreme Court of Alabama · 1924
  3. Lobman v. SawyerAlabama Court of Appeals · 1954
  4. Hamilton v. HouseAlabama Court of Appeals · 1912

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