Thrash v. Johnson
Supreme Court of Alabama
Error to the Circuit court of Chambers Trespass to try title. The plaintiff, Johnson, complained of defendant, Thrash, in a plea of trespass quare clausum fregit — for that defendant, on the day mentioned, and on divers other days and times, between that day and the day of the commencement of the action, with force and arms, &c. at to wit, in the county aforesaid, broke and entered the close of said plaintiff, lying and being in the county aforesaid, and being a certain…
Read the full summary
Error to the Circuit court of Chambers Trespass to try title. The plaintiff, Johnson, complained of defendant, Thrash, in a plea of trespass quare clausum fregit — for that defendant, on the day mentioned, and on divers other days and times, between that day and the day of the commencement of the action, with force and arms, &c. at to wit, in the county aforesaid, broke and entered the close of said plaintiff, lying and being in the county aforesaid, and being a certain piece, parcel or allotment of land, to wit, the south east quarter of section number twenty-nine, in township number…
1Opinion of the CourtGoldtiiwaitb, J.
The endorsement on the writ discloses, that this action is brought to recover possession of, as well as to try titles to, the land alleged to have been trespassed on.
The declaration is in the usual form for a trespass quare clausum fregit, and contains no averment of title; nor is the assertion made therein, that the action is instituted to recover the possession of, and to try the title to, the land described. Thrash, to this declaration, pleaded not guilty; and on the trial, a verdict was returned by the jury in favor of the plaintiff Johnson, “for one hundred and fifty dollars damages, for…
2Cited by2 opinions
- Dillingham v. BrownSupreme Court of Alabama · 1862
- Goodlett v. HansellSupreme Court of Alabama · 1876