Lecatt v. Stewart
Supreme Court of Alabama
Charles A. Stewart, on.the 14th November, 1827, ínade a complaint in writing before a justice of the peace of Mobile county, against Littleton Lecatt, for a forcible detainer. The complainant alleged, “ that he was possessed of a certain house and lot, and out house in the city of Mobile, &e.
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Charles A. Stewart, on.the 14th November, 1827, ínade a complaint in writing before a justice of the peace of Mobile county, against Littleton Lecatt, for a forcible detainer. The complainant alleged, “ that he was possessed of a certain house and lot, and out house in the city of Mobile, &e. (describing it,) and being so possessed, that Lecatt, on the 13th November, 1827, with force and arms, and with strong hand, did-, then and there forcibly detain the premises, and doth still forcibly detain the same. And further, “ that the complainant hath an estate of freehold m fee simple in the…
1Opinion of the Court
By JUDGE TAYLOR.
It is to reverse the decision of the Circuit Court, that the appeal is brought to this Court.
The first error .assigned, is, that the plaint does not state that the said Littleton “ entered” the said premises.
The 7th section of the “act concerning forcible entries and detainers,” prescribes the manner in which the.complaint shall be made, and what it shall .contain, and declares that it shall be in writing, “ specifying the lands, tenements, or other possessions, so forcibly , entered upon and detained, or forcibly or unlawfully detained,.by whom and when done, and the estate…
2Cited by7 opinions
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Beck v. GlennSupreme Court of Alabama · 1881
- Cunningham v. GreenSupreme Court of Alabama · 1841
- Kellum v. BalkumSupreme Court of Alabama · 1890
- Dumas v. HunterSupreme Court of Alabama · 1854
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