Bailey v. Selden
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Tried before Hon. Jno. C. Anderson. W. E. Bailey and E. T. Bailey, as partners under the name of W. É. Bailey & Bro., brought this suit to recover certain land mentioned in the complaint. John A. Selden, one of the defendants, disclaimed as to the whole of the land. The plaintiffs replied that he was re, siding on the land at the commencement of the suit and continued so to reside, and ivas so residing at the date the plea was filed.
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Appeal from Marengo Circuit Court. Tried before Hon. Jno. C. Anderson. W. E. Bailey and E. T. Bailey, as partners under the name of W. É. Bailey & Bro., brought this suit to recover certain land mentioned in the complaint. John A. Selden, one of the defendants, disclaimed as to the whole of the land. The plaintiffs replied that he was re, siding on the land at the commencement of the suit and continued so to reside, and ivas so residing at the date the plea was filed. Demurrer to this replication was sustained. Sallie G. Selden, the other defendant, pleaded two pleas, not guilty, and…
1Opinion of the CourtSharpe, J.
— By section 1533 of the Code, “The defendant may in an action of ejectment or in an action *406in the nature of ejectment, disclaim possession of the premises sued for in whole or in part, and upon such disclaimer, the plaintiff may if he so elects take issue; and if the issue be found for him, he is entitled to judgment, etc.”
When the plaintiff does not so elect to take, the statute is silent as to the procedure, but under the decisions of this court an important difference is observed between a disclaimer made as to the whole and one which goes only to a part of the premises sued for. In the…
2Cases cited12 opinions
- McDonald v. PearsonSupreme Court of Alabama · 1896
- United States v. Le BaronSupreme Court of the United States · 1856
- Webb v. MullinsSupreme Court of Alabama · 1884
- McQueen v. LampleySupreme Court of Alabama · 1883
- Callan v. McDanielSupreme Court of Alabama · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ely v. PaceSupreme Court of Alabama · 1903
- Smith v. EudySupreme Court of Alabama · 1927
- Hall v. Florida State Drainage Land Co.Supreme Court of Florida · 1925
- Cox v. CookSupreme Court of Alabama · 1944
- Marbury Lumber Co. v. WainwrightSupreme Court of Alabama · 1918
3 more not listed; retrieve them via the Exa API.