Finch's Executors v. Alston
Supreme Court of Alabama
In error from Marengo county. The defendant in error instituted his action of trespass, quare clausum fregii, against Finch, to recover for the forcible removal of log houses from the land of the -former.
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In error from Marengo county. The defendant in error instituted his action of trespass, quare clausum fregii, against Finch, to recover for the forcible removal of log houses from the land of the -former. Under .the general issue, the jury gave a verdict for'the plaintiff below, which was here sought to be reversed on the following exceptions, sealed in the cause, viz ; First-- That the Court below refused evidence that the said houses, were removed by and with the plaintiff’s consent. Second — That the Court admitted evidence offered by the plaintiff of his possession, when the declaration…
1Opinion of the CourtTaylor, J.
This is an action of trespass quare clausum fregit, brought by the defendant in error, against the decedent, in his life-time, in the County Court of Marengo, and which, after suggestion of the death of the decedent in this court, has been revived against his representatives.
In the court below the general issue was pleaded, atrial had thereon, and a verdict and judgment were rendered in favor of the original plaintiff.
The assignments of error all grow out of the bill of exceptions; which will be considered in their order.
1st. The first assignment is, that “ the court below refused to admit…
2Cited by7 opinions
- Kuykendall v. EdmondsonSupreme Court of Alabama · 1922
- Louisville N. R. Co. v. BarteeSupreme Court of Alabama · 1920
- Brown v. FloydSupreme Court of Alabama · 1909
- Sims v. AlfordSupreme Court of Alabama · 1928
- Bartlett v. ChaviersAlabama Court of Appeals · 1915
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