Ely v. Pace
Supreme Court of Alabama
Appeal from tlie Circuit Court of Marengo. Tried before the lion. John C. Anderson. This was a statutory action of ejectment, brought by the appellant, M. Ely, against the appellees, Bailie E. Pace and Tom Parker. Tlie defendant Bailie E. Pace filed a plea disclaiming possession of the premises sued for at the time the action was commenced, and the defendant, Tom Parker, pleaded not guilty. Issue was joined on these pleas.
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Appeal from tlie Circuit Court of Marengo. Tried before the lion. John C. Anderson. This was a statutory action of ejectment, brought by the appellant, M. Ely, against the appellees, Bailie E. Pace and Tom Parker. Tlie defendant Bailie E. Pace filed a plea disclaiming possession of the premises sued for at the time the action was commenced, and the defendant, Tom Parker, pleaded not guilty. Issue was joined on these pleas. The evidence for the plaintiff shows that on May -1, 1893, and ever since J. W. and J. R. Smith were insolvent; that at that time they made and executed a mortgage to the…
1Opinion of the CourtHaralson, J.
This was an action in the nature of an action of ejectment by M. Ely against Sallie Pace and Tom Parker. Defendants pleaded separately, — Sallie *297Pace, disclaiming possession, and Parker pleading the general issue.
• Section 1533 of the Code provides, that defendants, in an action of this kind, may disclaim possession of the premises sued for, in whole or in part, and upon such disclaimer, the plaintiff may, if he so elects, take issue, and if issue be found for him, he is entitled to judgment. This denial of possession put in issue the question of possession, and only that. It was for the…
2Cases cited6 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Bynum v. GoldSupreme Court of Alabama · 1894
- Houston v. BlackmanSupreme Court of Alabama · 1880
- McQueen v. LampleySupreme Court of Alabama · 1883
- Bailey v. SeldenSupreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Reeder v. CoxSupreme Court of Alabama · 1928
- Ex Parte RamsaySupreme Court of Alabama · 2002
- Lightsey v. StoneSupreme Court of Alabama · 1951
- Lamar v. Lincoln Reserve Life Ins. Co.Supreme Court of Alabama · 1930
- In re BazemoreDistrict Court, N.D. Alabama · 1911
17 more not listed; retrieve them via the Exa API.