Ferguson v. Carter
Supreme Court of Alabama
Appeal from tbe Circuit Court of Butler. Tried before tbe Hon. John K. Henry. This action was brought by D. J. Ferguson and Benjamin Newton, against Herbert Carter, and was commenced on tbe lOtb October, 1860. Tbe original complaint was in these Words : “ Tbe complaint of D. J. Ferguson and Benjamin Newton sbowetb, that’tbe said Ferguson and Newton, on tbe 1st day of June, 1857, was lawfully seized and possessed of a certain tract of land, to-wit, tbe south-west quarter of…
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Appeal from tbe Circuit Court of Butler. Tried before tbe Hon. John K. Henry. This action was brought by D. J. Ferguson and Benjamin Newton, against Herbert Carter, and was commenced on tbe lOtb October, 1860. Tbe original complaint was in these Words : “ Tbe complaint of D. J. Ferguson and Benjamin Newton sbowetb, that’tbe said Ferguson and Newton, on tbe 1st day of June, 1857, was lawfully seized and possessed of a certain tract of land, to-wit, tbe south-west quarter of tbe south-west quarter of section thirty-six, township eleven, range thirteen, lying and being in tbe county aforesaid;…
1Opinion of the CourtByrd, J.
1. The demurrer to the original complaint was properly sustained. — Russell v. Desplous, 25 Ala. 514; S. C., 29 Ala. 308.
2. Under the liberal system of pleading authorized by the Code, we hold that the amended complaint is sufficient. The premises are described with legal certainty; the possession of complainants is alleged with sufficient accuracy; and the forcible entry and detainer by the defendant, though alleged in general terms, is allowable under the provisions of the Code; and the court, therefore, should not have sustained the demurrer thereto.
3. Without deciding whether the statute…
2Cases cited2 opinions
- Russell v. DesplousSupreme Court of Alabama · 1856
- Russell v. DesplousSupreme Court of Alabama · 1854
3Cited by2 opinions
- Spear & Thomasson v. LomaxSupreme Court of Alabama · 1868
- Sharpe v. BookerSupreme Court of Alabama · 1955