Kellum v. Balkum
Supreme Court of Alabama
Statutory Action for Unlawful Detainer. Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael.
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Statutory Action for Unlawful Detainer. Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. This action was brought by James A. Balkum and others, children and heirs at law of James W. Balkum, deceased, against Mrs. Eliza Kellum, and was commenced in a justice’s court, on the 19th July, 1889. The summons issued by the justice described the suit as an “action for forcible detainer,” but the complaint alleged only the defendant’s unlawful entry and unlawful refusal to deliver possession on demand; and the complaint filed in the Circuit Court on appeal was for an…
1Opinion of the CourtMcCLELLAN, J.
— This action, as presented by the complaint on which the trial was had, is one of unlawful detainer. The evidence is unconlroverted in the establishment of the following facts: James W. Balkum, the father of plaintiffs, was in possession of the land involved in the suit prior to 1888, and in the Fall of 1887 rented it to one Clark for the year beginning January 1st, and ending December 31st, 1888. Clark took possession under this lease, and sub-let a part oí' the land to one Harrison, who entered thereon and continued in possession to the end of jthe term, the other part of the tract being…
2Cases cited10 opinions
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- Lass v. EislebenSupreme Court of Missouri · 1872
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3Cited by7 opinions
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- Clayton v. ClaytonCourt of Civil Appeals of Alabama · 2011
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