Cummings v. M'Gehee
Supreme Court of Alabama
Error to Renton Circuit court. Trespass, tried before Shortridge, J. Verdict and judgment for plaintiff. In this case, there had been a recovery of the land in an action of trespass to try titles, previous to the commencement of the present suit. Judgment for plaintiff below was rendered upon a demurrer to the evidence, and the damages assessed by a jury.
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Error to Renton Circuit court. Trespass, tried before Shortridge, J. Verdict and judgment for plaintiff. In this case, there had been a recovery of the land in an action of trespass to try titles, previous to the commencement of the present suit. Judgment for plaintiff below was rendered upon a demurrer to the evidence, and the damages assessed by a jury. The plaintiffs here assigned for error— 1. That the action of trespass to recover mesne profits cannot be maintained in this State, after trespass to try titles; 2. That the declaration of plaintiff below, contained no substantial cause of…
1Opinion of the CourtCollier, C. J.
The points made in the assignment of errors, lead us to enquire—
1. Is the action of trespass for mesne profits, maintainable 'in this country after the recovery of possession in ejectment, or trespass to try titles, &c.?
2. Are the facts set out in the demurrer to evidence, sufficient to entitle the defendant in error (under his declaration) to the judgment of the court ?
1. By the act of December, eighteen hundred and twenty-one, “ to abolish the fictitious proceedings in ejectment, and for other purposes therein mentioned,” (Aik. Dig. 265,) a remedy is given to the owner of lands to recover…
2Cited by8 opinions
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Shumake v. Nelms' Adm'rSupreme Court of Alabama · 1854
- Alexander v. LetsonSupreme Court of Alabama · 1942
- Wittick v. TraunSupreme Court of Alabama · 1854
- Fry v. Branch Bank at MobileSupreme Court of Alabama · 1849
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