Townsend v. Van Aspen
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Henry Chamberlain. This action was commenced in a justice’s court, on the 29th March, 1859. The cause of action endorsed on the summons was, “ unlawful entry and detainer.”
Read the full summary
Appeal from the City Court of Mobile. Tried before the Hon. Henry Chamberlain. This action was commenced in a justice’s court, on the 29th March, 1859. The cause of action endorsed on the summons was, “ unlawful entry and detainer.” The complaint was in the following words: “ The complaint of H. Van Aspen respectfully showeth — 1st, that on the 23d day of March, 1859, he was lawfully and peaceably possessed of a leasehold interest or estate in the following premises, situated in the city of Mobile, and known and described as follows: all that piece, parcel, or lot of land, known as No. 268 of…
1Opinion of the CourtStone, J.
When this case was before in this court, we said nothing about the sufficiency of the complaint: that subject was not then before us. The present complaint is demurred to; and one of the assigned grounds of demrh’rer is, that the complaint does not aver that the plaintiff, at the time of the grievances, was in the actual possession of the premises. The averment is, that “he was lawfully and peaceably possessed of a leasehold interest, or estate, in the following premises,” &c. Being “possessed of cm mterest'’ in the premises, does not, with reasonable certainty, imply that he was in the…
2Cases cited2 opinions
- Russell v. DesplousSupreme Court of Alabama · 1856
- Mead v. DanielSupreme Court of Alabama · 1835
3Cited by6 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
- Beck v. GlennSupreme Court of Alabama · 1881
- McGrew v. LambWashington Supreme Court · 1903
- Wray v. TaylorSupreme Court of Alabama · 1876
- Milner v. WilsonSupreme Court of Alabama · 1871
1 more not listed; retrieve them via the Exa API.