Crutchfield v. Vogel

KNIGHT, Justice.

Statutory ejectment.

The appellee, plaintiff in the court below, sued appellant to recover a small tract of land in Cullman county, Ala., and defendant losing in that court, brings this appeal.

The defendant disclaimed as to all land sued for except a certain described strip, containing approximately four acres, as to which he entered the plea of not guilty.

The plaintiff, instead of taking judgment for the land, as to which the defendant entered his disclaimer, as he might have done (Code, § 7457; Smith v. Endy, 216 Ala. 113, 112 So. 640), took issue on the disclaimer as well as…