Whitten v. Sheffield Land Co.

BOULDIN, Justice.

Appellee sued appellant in statutory ejectment. Defendant filed a motion in writing, duly verified by affidavit, setting up an equitable defense, namely, that he held possession of the lands under purchase evidenced by contract in writing, and had, prior to the bringing of the suit, paid the deferred installments of purchase money in full, and acquired a perfect equity in the lands. Cox et al. v. Cox, 209 Ala. 75, 95 So. 275.

The motion prayed a transfer of the cause to the equity docket under Code, § 6490.

Plaintiff filed affidavits controverting the fact of payment of the…