Clements v. Hays
Supreme Court of Alabama
Appear from the Circuit Court of Bibb. Tried before the Hon. James E. Cobb. This action was brought by the appellants, as the executors of the last will and testament of Rufus H. Clements, deceased, against Elisha T. Hays, to recover the possession of a tract of land containing 320 acres, which was part of section sixteen (16), township twenty-two (22), range seven (7) west; and was commenced before a justice of the peace, on the 22d June, 1882. The complaint in the…
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Appear from the Circuit Court of Bibb. Tried before the Hon. James E. Cobb. This action was brought by the appellants, as the executors of the last will and testament of Rufus H. Clements, deceased, against Elisha T. Hays, to recover the possession of a tract of land containing 320 acres, which was part of section sixteen (16), township twenty-two (22), range seven (7) west; and was commenced before a justice of the peace, on the 22d June, 1882. The complaint in the justice’s court contained only a count for forcible entry and unlawful detainer, but in the Circuit Court, to which the case was…
1Opinion of the Court
SOMEPVILLE, J
— The action of forcible entry and detainer can be sustained only by proof of an actual possession of the premises sued for, held by the plaintiff prior to the unlawful entry made by the defendant. It can not be'sustained by showing a mere constructive possession, or such as the law imputes to the owner of the legal title. — Houston v. Farris, 71 Ala. 570 ; Womack v. Powers, 50 Ala. 5 ; Russell v. Desplous, 29 Ala. 308. The forcible entry, therefore, of the owner himself, may constitute an unlawful invasion of the actual possession of a stranger who is a trespasser. — Trial of…
2Cases cited9 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
- Bell v. DensonSupreme Court of Alabama · 1876
- Farley v. SmithSupreme Court of Alabama · 1863
- Bohannon v. StateSupreme Court of Alabama · 1882
- Womack v. PowersSupreme Court of Alabama · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bowles v. LowerySupreme Court of Alabama · 1913
- Louisville & Nashville Railroad v. PhilyawSupreme Court of Alabama · 1889
- Tennessee Coal, Iron & Railroad v. LinnSupreme Court of Alabama · 1898
- Kendrick v. LathamSupreme Court of Florida · 1889
- Echols v. HubbardSupreme Court of Alabama · 1890
8 more not listed; retrieve them via the Exa API.