Dent v. Stovall
Supreme Court of Alabama
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Action by Henry A. Dent against Jessie Stovall and others. From the judgment rendered, plaintiff appeals. Reversed and remanded. On rehearing.
1Opinion of the CourtSayre, J.
[1] This is an action of forcible entry and detainer brought by appellant against appellees. Tbe statute (section 4271 of tbe Code) provides that “the estate or mer7 i i its of the title cannot be inquired into.” It has often been pointed out that the purpose of the action is to protect the actual possession of real estate against unlawful and forcible invasion. Hence tbe rule that:
“The possession at the time of intrusion is the only matter which is permitted to be the subject of investigation. All questions as to the ultimate title or as to the right of possession, as distinguished from the…
2Cases cited2 opinions
- Knowles v. OgletreeSupreme Court of Alabama · 1893
- Horsefield v. AdamsSupreme Court of Alabama · 1846
3Cited by8 opinions
- Archer v. SibleySupreme Court of Alabama · 1918
- Washington v. SpriggsSupreme Court of Alabama · 1925
- Tompkins v. SteagallSupreme Court of Alabama · 1946
- Blue v. HooksSupreme Court of Alabama · 1932
- Boutwell v. County B. of Education of Escambia CountySupreme Court of Alabama · 1943
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