Danner v. Crew
Supreme Court of Alabama
Aitk-Uj from flip Circuit Court of Barbour. Tried before the 1-Ton. A. A. Evans. This was a statutory action of ejectment, brought by the appellee. John W. fcrew, against the appellants', Jerre Danner and Margaret Danner, to recover certain lands specifically described in the complaint. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.
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Aitk-Uj from flip Circuit Court of Barbour. Tried before the 1-Ton. A. A. Evans. This was a statutory action of ejectment, brought by the appellee. John W. fcrew, against the appellants', Jerre Danner and Margaret Danner, to recover certain lands specifically described in the complaint. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court at the request of the plaintiff gave to the jury the general affirmative charge in his behalf. The defendants duly excepted to…
1Opinion of the CourtHaralson, J.
The defendant, J. M. Danner,— quoting the language of his disclaimer, — “disclaimed possession of any of the land sued for in this action except the dwelling- which he occupies by permission of his co-defendant [Margaret! Danner], and about twelve acres of farm land which he rented in'Feb’y last [1902], from said co-defendant, and which he holds for the present year under a contract for rent only.” This disclaimer of possession of twelve acres, filed on May 6, 19Q2, does not, as appears; describe the twelve acre tract of land he had rented, so as to identify it as separate from the entire…
2Cases cited9 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
- Fash v. RavesiesSupreme Court of Alabama · 1858
- Winston v. HodgesSupreme Court of Alabama · 1893
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3Cited by5 opinions
- Bridgewater v. SchaeferCourt of Appeals for the Fifth Circuit · 1947
- General Motors Acceptance Corporation v. EatonAlabama Court of Appeals · 1931
- Harris v. HancheySupreme Court of Alabama · 1915
- Stowers v. HarmanSupreme Court of Virginia · 1920
- Mobile Light R. Co. v. ThomasAlabama Court of Appeals · 1917