Burns v. Broughton

This is an action of trespass quare clausum fregit de bonis asportatis by appellant against appellees for wrongfully entering upon premises of which the plaintiff was in possession, and taking therefrom plaintiff’s mules and other property used by him in his farming operations. Central of Ga. Ry. Co. v. Barnett, 220 Ala. 284, 124 So. 868.

The plea was the general issue, and, at the conclusion of the evidence, the court directed a verdict for the defendants by giving the affirmative charge requested by them in writing.

The defendants proved the execution of a mortgage by the plaintiff to the…