Legal Opinion

Brown v. French

Supreme Court of Alabama

Decided June 30, 1906PublishedCited by 3 opinions

Forcible Entry and Detainer. Appeal from Jefferson Circuit Court. Heard befoie Hon. A. A. Coleman. This is an action of forcible entry begun by Mary Brown against A. H. French in the justice court and removed under §§ 2147-2149 of the code to the circuit court of Jefferson county.

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Forcible Entry and Detainer. Appeal from Jefferson Circuit Court. Heard befoie Hon. A. A. Coleman. This is an action of forcible entry begun by Mary Brown against A. H. French in the justice court and removed under §§ 2147-2149 of the code to the circuit court of Jefferson county. The facts are sufficiently stated in the opinion. — When a defendant enters by foi ce or threats no demand is necessary before bringing suit. — Knowles v. Ogletree, 96 Ala. 555. No burden is on the plaintiff to show title, when the case is removed under statute, if the defendant dispossed plaintiff by force — §…

1Opinion of the CourtDenson, J.

— This was an action of forcible entry and detainer, commenced before a justice of the pea ce by Mary Brown against A. H. French. On motion of defendant and in accordance with the provisions of sections 2147, 2148, and 2149 of the code of 1896, the cause was removed to the circuit court of Jefferson county. On the trial in the circuit court judgment ivas rendered in favor of the defendant, and the plaintiff appealed to this court.

It was conceded by the plaintiff on the trial in the court below that the legal title to the land involved in the suit was in the defendant, and it was not claimed…

2Cases cited3 opinions

  1. State v. . RobbinsSupreme Court of North Carolina · 1898
  2. Mallon v. MoogSupreme Court of Alabama · 1898
  3. Hardisty v. GlennIllinois Supreme Court · 1863

3Cited by3 opinions

  1. Brown v. FrenchSupreme Court of Alabama · 1909
  2. Sandlin v. AndersSupreme Court of Alabama · 1917
  3. Stephenson v. ThompsonSupreme Court of Alabama · 1950

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