Russell v. Desplous
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action (Peter Desplous v. Henry C. Russell) was commenced before a justice of the peace.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action (Peter Desplous v. Henry C. Russell) was commenced before a justice of the peace. The cause of action is described in the summons to be “ an unlawful detainer while in the complaint the plaintiff alleges, “ that he has been in quiet and peaceable possession of said lot of land,” which is particularly described, “for ten years past, and claiming the same in fee simple ; and that while thus in peaceable possession, and within three years last past, the defendant unlawfully entered upon and took possession…
1Opinion of the Court
CHILTON, C. J. —
1. It may be that the court below committed an error in allowing the amendment of the record so as to show that a demurrer was interposed in the Circuit Court to the complaint and overruled, and that the proof before it was insufficient to justify such an amendment; but this is a question which could only be presented upon error by the party against whom the decision was made, and is outside of the assignments in this cause. It is very clear, such entry is not void, and cannot be collaterally impeached. The court had jurisdiction, and although its judgment may have been…
2Cited by4 opinions
- Russell v. DesplousSupreme Court of Alabama · 1856
- Alabama & Florida R. R. v. WatsonSupreme Court of Alabama · 1868
- Ex parte EdwardsSupreme Court of Alabama · 1916
- Ferguson v. CarterSupreme Court of Alabama · 1867