Holland v. Pattillo
Supreme Court of Alabama
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
- Smith v. GayleSupreme Court of Alabama · 1877
- Morris v. Beebe & HenshawSupreme Court of Alabama · 1875
- McClendon v. Equitable Mortgage Co.Supreme Court of Alabama · 1898
- Salter v. FoxSupreme Court of Alabama · 1915
- Leath v. CobiaSupreme Court of Alabama · 1912
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3Cited by5 opinions
- Ex Parte MasonSupreme Court of Alabama · 1925
- State v. BroosSupreme Court of Alabama · 1952
- Crutchfield v. VogelSupreme Court of Alabama · 1937
- Crow v. SmithSupreme Court of Alabama · 1922
- Sharpe v. McCloudSupreme Court of Alabama · 1941