Legal Opinion

Archer v. Sibley

Supreme Court of Alabama

Decided April 4, 1918No. 8 Div. 105PublishedCited by 12 opinions

Appeal from Circuit Court, Madison County ; R. C. Briekell, Judge. Unlawful detainer by Sarah E. Sibley against Henry L. Archer. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtAnderson, C. J.

[1,2] This is an action of unlawful detainer, and the statute (section 4271 of the Code of 1907) expressly provides that the state or merits of the title cannot be inquired into. Hill v. Harris, 179 Ala. 619, 60 South. 917; Dent v. Stovall, 75 South. 941. 1 it is true that the following words: “But all legal and equitable defenses may be had against a recovery for damages or for the unlawful detention of the land”' — were added to this section in bringing it from the Code of 1896, but just exactly what was meant by this addition is not free from difficulty, though it is evident that it was…

2Cases cited6 opinions

  1. Western Union Tel. Co. v. FavishSupreme Court of Alabama · 1916
  2. Farley v. Bay Shell Road Co.Supreme Court of Alabama · 1899
  3. Davis v. PouSupreme Court of Alabama · 1895
  4. Hill v. HarrisSupreme Court of Alabama · 1913
  5. Dent v. StovallSupreme Court of Alabama · 1917

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Garrett v. StateSupreme Court of Alabama · 1958
  2. Lester v. JacobsSupreme Court of Alabama · 1925
  3. Crocker v. GoldsteinSupreme Court of Alabama · 1923
  4. Darby v. SchleyCourt of Civil Appeals of Alabama · 2008
  5. Gulf Refining Co. v. First National Bank of MobileSupreme Court of Alabama · 1960

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API