Espalla v. Gottschalk
Supreme Court of Alabama
Appeal from tlie Circuit Court of Mobile. Tried before tlie Hon. Wi. E. Clause. This action was brought by Joseph Espalla, as administrator of the estate of Silas Holloway, deceased, against William Gottschalk and his tenant in possession, Henry Rogers; and was commenced in a justice’s court, on the 2d December, 1890. The complaint contained three counts, each of which ■ alleged that the plaintiff, as administrator, was in the peaceable possession of the premises on the 13th…
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Appeal from tlie Circuit Court of Mobile. Tried before tlie Hon. Wi. E. Clause. This action was brought by Joseph Espalla, as administrator of the estate of Silas Holloway, deceased, against William Gottschalk and his tenant in possession, Henry Rogers; and was commenced in a justice’s court, on the 2d December, 1890. The complaint contained three counts, each of which ■ alleged that the plaintiff, as administrator, was in the peaceable possession of the premises on the 13th March, 1889 ; the first count further alleging that “the defendants peaceably entered on the premises while so in his…
1Opinion of the CourtStone, C. J.
This was an action of forcible and unlawful detainer, the complaint being framed in varying counts to suit possible varying phases of the proof. The subject of the suit was a lot of ground and a tenement thereon. After the trial before a justice of the peace, an appeal was prosecuted to the Circuit Court, and verdict and judgment were there rendered for the defendant.
There does not appear to have been any conflict in the testimony proving the following state of facts : Silas Holloway, plaintiff’s intestate, died February 14, 1889. At that time, and for many years prior thereto, he had been in…
2Cases cited7 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Norwood v. Kirby's Adm'rSupreme Court of Alabama · 1881
- Sims v. BoyntonSupreme Court of Alabama · 1858
- Welden v. SchlosserSupreme Court of Alabama · 1883
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3Cited by8 opinions
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