Welden v. Schlosser
Supreme Court of Alabama
Appeal from the Circuit Court of. Cullman. Tried before the Hon. H. C. Speake. This action was brought by F. J. Schlosser, against A: Welden, to recover the possession of a tract of land, which was described as “ the south half of the south-west quarter of section 26, township 10, range 4, westand was commenced before a justice of the peace, on the 8th June, 1882. The complaint alleged the plaintiff’s possession of the premises, and the defendant’s forcible entry, on or…
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Appeal from the Circuit Court of. Cullman. Tried before the Hon. H. C. Speake. This action was brought by F. J. Schlosser, against A: Welden, to recover the possession of a tract of land, which was described as “ the south half of the south-west quarter of section 26, township 10, range 4, westand was commenced before a justice of the peace, on the 8th June, 1882. The complaint alleged the plaintiff’s possession of the premises, and the defendant’s forcible entry, on or about April 28th 1882, “ whereby plaintiff was ejected from the peaceable possession of said land and its appurtenances, and…
1Opinion of the Court
STONE. J.
— -Forcible entry and detainer was a public offense in England, made so by statute. — 4 Bla. Com. 148; 1 Russ, on Cr. 421. In this, p,s in many other States of the Union, it is a tort, to be redressed by a civil action, which the statute gives. It is an action summary in its forms and machinery, to regain possession of realty, which has been tortiously taken, or is tortiously withheld. It is purely possessory, and can not be. maintained unless the plaintiff has had prior possession. Title can not be inquired into. — Code of 1876, § 3704.
The statute defines the degree of force…
2Cases cited2 opinions
- Matlock v. ThompsonSupreme Court of Alabama · 1851
- McGonegal v. WalkerSupreme Court of Alabama · 1853
3Cited by7 opinions
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Farley v. Bay Shell Road Co.Supreme Court of Alabama · 1899
- Wright v. HurtSupreme Court of Alabama · 1890
- Espalla v. GottschalkSupreme Court of Alabama · 1891
- Walker v. AdlerSupreme Court of Alabama · 1927
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