Parker v. Haggerty
Supreme Court of Alabama
Error lothe Circuit Court of Montgomery. THE defendant in error brought this action to try titles to a lol of land in the town of Wetumpka, and obtained judgment.
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Error lothe Circuit Court of Montgomery. THE defendant in error brought this action to try titles to a lol of land in the town of Wetumpka, and obtained judgment. The declaration alledges “that heretofore, to-wit: on the 1st January, 1839, he was seized in his demesne as of fee, of a lot of land in the town of Wetumpka, and that the defendants after-wards, to-wit: on the 2d day of the month and year aforesaid, with force and arms, entered upon the sard premises, and dispossessed the plaintiff,” &c. &c. To this declaration there was a demurrer, which the court overruled. The following facts…
1Opinion of the CourtOrmond, J.
— It was sufficient for the plaintiff below, to alledge in his declaration, that he was in possession of the premises sued] for, at the time of the entry of the defendant, and this we think, is substantially alledged. No inference can reasonably be made, that between the first and the second of January, he abandoned, or lost the possession, and the allegation is therefore sufficiently certain.
The right to take the depositions of witnesses, must be exer.cised in strict conformity with the statute. The act requires that “ the party praying such commission, shall give' such notice to the adverse…
2Cases cited1 opinion
- Brahan v. DebrellSupreme Court of Alabama · 1827
3Cited by2 opinions
- Ross v. StateSupreme Court of Alabama · 1878
- Lesne v. PomphreySupreme Court of Alabama · 1842