Legal Opinion

Holland v. Pattillo

Supreme Court of Alabama

Decided January 20, 1921No. 3 Div. 480PublishedCited by 5 opinions

Appeal from Circuit Court, Autauga County; M. C. McMorris, Judge. Action by Minnie Pattillo against Mary Holland. Judgment for plaintiff, and defendant appeals. The tenant must be sued, and to take judgment without making the person in possession a defendant is error. 117 Ala. 264, 23 South. 64; section 3838 et seq., Code 1907; Newell on Ejectment, 90 et seq. The court properly called the plea a plea of disclaimant. 148 Ala. 243, 41 South. 840 ; 202 Ala. 266, 80 South. 352.

1Opinion of the CourtThomas, J.

The suit was statutory ejectment. Defendant filed the following plea:

“That she is the owner of the land sued for in the above-stated cause, but is not in possession thereof; that S. S. Oates is in possession as my tenant, having rented the same for a term of years.”

The court held this was a plea of disclaimer and rendered judgment for plaintiff without costs or damages against defendant. In Dennis v. Price, 148 Ala. 243, 41 South. 840; Marbury Lumber Co. v. Wainwright, 202 Ala. 266, 80 South. 352, the party in actual possession was sued with other defendants.

[1,2] The true rule in statutory…

2Cases cited9 opinions

  1. Smith v. GayleSupreme Court of Alabama · 1877
  2. Morris v. Beebe & HenshawSupreme Court of Alabama · 1875
  3. McClendon v. Equitable Mortgage Co.Supreme Court of Alabama · 1898
  4. Salter v. FoxSupreme Court of Alabama · 1915
  5. Leath v. CobiaSupreme Court of Alabama · 1912

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

3Cited by5 opinions

  1. Ex Parte MasonSupreme Court of Alabama · 1925
  2. State v. BroosSupreme Court of Alabama · 1952
  3. Crutchfield v. VogelSupreme Court of Alabama · 1937
  4. Crow v. SmithSupreme Court of Alabama · 1922
  5. Sharpe v. McCloudSupreme Court of Alabama · 1941

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