Abates v. Timbes

The complaint in statutory ejectment need not aver that defendant “unlawfully entered.” Sufficient to aver that he “entered and unlawfully withholds.” Code, p. 510, form No. 32.

The description of a lot, as located in the city of Mobile, and otherwise sufficient, is not defective for failure to name the state and county. Courts take judicial notice that the city of Mobile is located in Mobile county, Ala. In ejectment, the only appropriate plea in bar is the general issue “not guilty.” It-puts in issue the plaintiff’s rig-ht of possession, and invites any evidence to defeat his title and right…