Webb v. Carlisle, Jones & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Geo. H. Craig. Tbis action was brought by Norman Webb, the appellant,' against Carlisle, Jones & Go. as partners, tenants in possession, to rec '-ver the possession of a bouse and lot in the city of Selma, with damages for its detention after demand; and was commenced before a justice of the peace, on tbe 19th March, 1878..
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Geo. H. Craig. Tbis action was brought by Norman Webb, the appellant,' against Carlisle, Jones & Go. as partners, tenants in possession, to rec '-ver the possession of a bouse and lot in the city of Selma, with damages for its detention after demand; and was commenced before a justice of the peace, on tbe 19th March, 1878.. Tbe complaint alleged, that the premises sued for were sold, on the 25th August, 1877, by tbe tax-collector of the city of Selma, for unpaid taxes due to the city from Stollenwerck Brothers, and were bought at…
1Opinion of the CourtStone, J.
— Under the decisions of this court rendered in Ex parte Webb, 58 Ala. 109, and in Calhoun v. Fletcher, at *315the last term (63 Ala. 574), that part of section 47 of the act “ to establish a new charter of the city of Selma, ” which attempted to confer the right to maintain the action of unlawful detainer in the case therein provided for, must be pronounced unconstitutional. — Acts of 1874-5, pp. 356, 375. That section attempts to confer on justices the jurisdiction and authority to try and determine the title to real estate, no matter what the value of the real estate may be. The legislature…
2Cases cited4 opinions
- Calhoun v. FletcherSupreme Court of Alabama · 1879
- Vaughan v. RobinsonSupreme Court of Alabama · 1852
- Ex parte WebbSupreme Court of Alabama · 1877
- House v. LassiterSupreme Court of Alabama · 1873
3Cited by7 opinions
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Beck v. GlennSupreme Court of Alabama · 1881
- Jordan v. SumnersSupreme Court of Alabama · 1930
- Warren v. JonesSupreme Court of Alabama · 1929
- Caldwell v. HutchinsonSupreme Court of Alabama · 1931
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