Harden v. Collins
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the 1-Ion. A. TI. Alston. This was an action of unlawful detainer, brought by the appellee, Mary E. Collins, against the appellant, G. W. Hardin, to recover the posession of certain lands described in the complaint. As stated in the opinion, the cause was removed on the defendant’s petition into the circuit court for the trial of title to the land involved in the suit, as provided by statute.
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Appeal from the Circuit Court of Coosa. Tried before the 1-Ion. A. TI. Alston. This was an action of unlawful detainer, brought by the appellee, Mary E. Collins, against the appellant, G. W. Hardin, to recover the posession of certain lands described in the complaint. As stated in the opinion, the cause was removed on the defendant’s petition into the circuit court for the trial of title to the land involved in the suit, as provided by statute. In the circuit court the cause was tried upon issue joined on the plea of the general issue. On the trial of the case, the plaintiff introduced in…
1Opinion of the Court
MoCLELLAN, C. j.
Action of unlawful detainer brought by M. A. Collins against Harden before a justice of the peace, and removed-on defendant’s'petition into the circuit court, under the provisions of sections 2147-8 *404of the Code. By the terms of section 2149 the case was determinable in the circuit court on the inquiry of title -vol non of the plaintiff. If the plaintiff had the right to redeem and before suit brought had made a sufficient tender for that purpose to the defendant, title to the land was vested in her by the force of section 3507 of the Code, and upon that title she was entitled…
2Cases cited3 opinions
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Prichard v. SweeneySupreme Court of Alabama · 1895
- Nelms v. KennonSupreme Court of Alabama · 1889
3Cited by6 opinions
- Francis v. WhiteSupreme Court of Alabama · 1909
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Francis v. WhiteSupreme Court of Alabama · 1904
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
- Francis v. WhiteSupreme Court of Alabama · 1910
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