Sandlin v. Anders
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; A. J. Harris, Special Judge. Action by Randolph Sandlin and others against James A. Anders and wife in unlawful detainer. Erom adverse rulings on the evidence, plaintiffs took a nonsuit, with bill of exceptions, and appeal.
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Appeal from Circuit Court, Morgan County; A. J. Harris, Special Judge. Action by Randolph Sandlin and others against James A. Anders and wife in unlawful detainer. Erom adverse rulings on the evidence, plaintiffs took a nonsuit, with bill of exceptions, and appeal. Count 2 is as follows: “Plaintiffs sue to recover of the defendants the following lands: S. E. of section 36, township 7, range 5 west, in Morgan county, Alabama; and plaintiffs aver that said defendants resided upon said land during the years 1907, 1908, and 1909 under a rent- contract with Jas. A. Sherrill; that defendants…
1Opinion of the CourtMiller, J.
This is an unlawful detainer suit, under section 4263 of the Code of 1907, by the plaintiffs — appellants here — against James Anders and his wife, Marietta Anders, for possession of S. E. % of section 36, township 7, range 5 west, in Morgan county.
[1] Demurrers to count 2 were properly sustained by the court. It does not follow clearly the form — No. 27 of section 5382. It failed to state that James A. Sherrill was dead and the date of his death, and it is not clear that defendants were unlawfully detaining the possession of the land.
[2] The defendant Marietta Anders files special plea,…
2Cases cited2 opinions
- Westbrook v. FultonSupreme Court of Alabama · 1885
- R. D. Burnett Cigar Co. v. Art Wall Paper Co.Supreme Court of Alabama · 1909
3Cited by5 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Clark v. HendersonSupreme Court of Alabama · 1943
- Smith v. SharpSupreme Court of Alabama · 1923
- Doyle v. MullaneyMontana Supreme Court · 1931
- East v. TingleySupreme Court of Alabama · 1950