Brown v. Beatty
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. John Moore. This was a statutory action for the unlawful detainer of land, commenced.in a justice’s court on the 1st September, 1883, by Randall R. Brown against Vm. M. Beatty, and removed by appeal, at the instance of the plaintiff, into the Circuit Court.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. John Moore. This was a statutory action for the unlawful detainer of land, commenced.in a justice’s court on the 1st September, 1883, by Randall R. Brown against Vm. M. Beatty, and removed by appeal, at the instance of the plaintiff, into the Circuit Court. The complaint alleged, that the defendant entered into the possession of the premises, on the 6th November, 1880, under a contract of lease from plaintiff; that this contract was abrogated and annulled, by mutual agreement of the parties, on the 23d July, 1881, by which…
1Opinion of the CourtSomerville, J.
— An action of unlawful detainer can not be maintained in the present case. The defendant is shown to have been placed in possession of the premises sued for, under a contract of purchase from the plaintiff, and is claiming ownership, presumptively, under this written evidence of title. It may be that the legal title of the lands is in the plaintiff, and that he is entitled to recover possession of them, by reason of the defendant’s forfeiture of his right of possession and title, under the express stipulations in the contract of sale and purchase. But, in the absence of all relationship of…
2Cases cited4 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
- Beck v. GlennSupreme Court of Alabama · 1881
- Womack v. PowersSupreme Court of Alabama · 1873
- Russell v. DesplousSupreme Court of Alabama · 1856
3Cited by11 opinions
- Francis v. West Virginia Oil Co.California Supreme Court · 1917
- Adams v. RiddleSupreme Court of Alabama · 1936
- Coe v. BennettIdaho Supreme Court · 1924
- Webb v. LamarSupreme Court of Alabama · 1938
- Patterson v. FolmarSupreme Court of Alabama · 1899
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