Whaley v. Wynn

In this action—unlawful detainer—the question is merely as to the right of possession between the parties to the record, regardless of whether the plaintiff, or the defendant, or a third person, has the superior claim to the ownership of the property. Nicrosi v. Phillipi, 91 Ala. 299, 8 South. 561.

The general rule is that the plaintiff must show prior possession in himself, but this means only a possession prior to the inception of the wrongful possession of the defendant—i. e., prior to the beginning of the unlawful detainer. And, “so long as the tenant holds under his lease, his actual…