McDowell v. Hutto

The verdict of the jury responded to the issue presented by the first count of the complaint—statutory ejectment—and we will only consider questions relevant to the case as presented under that count.

Count 1 was in the form prescribed by the statute, Code 1923, § 9531, Form 32, and the demurrer thereto was properly overruled, Abates v. Timbes, 214 Ala. 591, 108 So. 534.

The facts stated in defendant’s pleas 3 and 4 were admissible in evidence under the general issue. The demurrers to said pleas wore sustained without error.

Each of the parties made demand on the other, according to the…