Betz v. Mullin
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before Hon. James E. Cobb. . This was a real action under the Code, commenced by the appellee, S. L. Mullin, against the appellant, America A. Betz. The complaint contains an accurate description of the lands sued for, and avers that the defendant entered thereupon and unlawfully withholds and detains the same.
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Appeal from Lee Circuit Court. Tried before Hon. James E. Cobb. . This was a real action under the Code, commenced by the appellee, S. L. Mullin, against the appellant, America A. Betz. The complaint contains an accurate description of the lands sued for, and avers that the defendant entered thereupon and unlawfully withholds and detains the same. Both parties claimed title through one Russell Penn, the appellee, Mullin, by a deed of bargain and sale to him executed on the 10th day of October, 1876, and recorded on the 6th day of November, 1876. There was evidence tending to prove that Mullin…
1Opinion of the CourtBrickell, C. J.
An action of ejectment was originally at common law, a personal action of trespass, and while retaining that form, would have been properly classified as an action ex delicto. In this State, it has always been a mixed action for the recovery of land, and damages for its use and occupation, whether the right is simply possessory or a right to the freehold itself. The Code of 1852 abolished all common law forms of action, and substituted for them the simple forms it provided. A real action, in the nature of an action of ejectment, to recover the possession of land, in which damages for the…
2Cases cited2 opinions
- Hamner v. EddinsSupreme Court of Alabama · 1830
- Ivey v. BlumSupreme Court of Alabama · 1875
3Cited by10 opinions
- Ex Parte MooreSupreme Court of Alabama · 2003
- Yonker v. GrimmWest Virginia Supreme Court · 1926
- MacMillan Bloedell, Inc. v. EzellSupreme Court of Alabama · 1985
- Sturdivant v. BAC Home Loans Servicing, LPCourt of Civil Appeals of Alabama · 2011
- Kelley v. MashburnSupreme Court of Alabama · 1970
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