Payne v. Martin
Supreme Court of Alabama
This was a case of unlawful detainer, where a verdict and judgement had been rendered before a justice of the peace in Franklin county, in favor of G. W. Martin, against Gavin Payne.
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This was a case of unlawful detainer, where a verdict and judgement had been rendered before a justice of the peace in Franklin county, in favor of G. W. Martin, against Gavin Payne. Payne petitioned for a certiorari, alleging that in February, 1823, he built a house on a quarter section of land, originally purchased by Martin, but which previously to that time had been relinquished by Martin, and had reverted to the United States; that there were thirty or forty-acres of cleared land at the time of his building said house, cultivated by James M'Donald; that the crop of said McDonald being…
1Opinion of the Court
JUDGE SAFFOLD
delivered the opinion of the Court.
This was. a complaint of an unlawful detainer on which the defendant in error, who was the original plaintiff, obtained a verdict and judgement before the magistrate for the premises in dispute. The plaintiff in error obtained on said judgement two successive certiorates to the Circuit Court, both of which were on motion of the adverse party dismissed. The question as to the legallity o< the first dismissal must be considered as having been waived *410from (Re circumstance of the party having sued out the second certiorari, and attempted further to…
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