Jefferson County v. Parker

In this form of action — forcible entry and detainer — the plaintiff cannot recover unless he shows that the defendant has intruded upon his prior possession, either forcibly or by threats, or else peaceably but without the plaintiff’s permission or consent. Code, § 4262; Self v. Comer, 166 Ala. 68, 52 South. 336; Victor Realty Co. v. Argumanian, 172 Ala. 108, 55 South. 621; Knowles v. Ogletree, 96 Ala. 555, 12 South. 397; 26 Oorp. Jur. 830 [§ 66], Under the statutory prescription, an entry by consent or under contractual agreement is not a forcible entry, actual or constructive, and does not…