Williams v. Gaston
Supreme Court of Alabama
Ejectment. Appeal from Marengo Circuit Court. Heard before Hon. A. H. Alston. Ejectment by Wesley J. Williams .and others, as trustees, against Joe Gaston and others.
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Ejectment. Appeal from Marengo Circuit Court. Heard before Hon. A. H. Alston. Ejectment by Wesley J. Williams .and others, as trustees, against Joe Gaston and others. Prom a judgment overruling a demurrer to a plea in abatement setting- up the pendency of a suit in unlawful detainer by the same plaintiffs against the same defendants, plaintiffs appeal. — Action of ejectment and unlawful detainer are not the same in either substance or form. — Bncltinger v. Hurley, 34 Kan. 585; Drey v. Doyle, 28 Mo. App. 249. The action of unlawful detainer is possessory and the estate on merit of title cannot…
1Opinion of the CourtTyson, C. J.
— But a single question is presented by this record for o-ur determination. It is whether the plea in abatement setting up the pendency, when this ac*216tion was instituted, of a certain action of unlawful de-tainer brought by these plaintiffs against these defendants for the possession of the land here sought to be recovered, is subject to the demurrer interposed to it. The principle upon which such a plea is allowed and sustained is that the later action is deemed unnecessary and vexatious. And, clearly, in order to hold the'subsequent suit to be unnecessary, it is an essential prerequisite…
2Cases cited6 opinions
- Foster v. NapierSupreme Court of Alabama · 1883
- Robinson v. AllisonSupreme Court of Alabama · 1892
- Buettinger v. HurleySupreme Court of Kansas · 1886
- Martin v. SplivaloCalifornia Supreme Court · 1886
- Rood v. EslavaSupreme Court of Alabama · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Harris v. Town of Tarrant CitySupreme Court of Alabama · 1930
- Fegaro v. South Central BellSupreme Court of Alabama · 1971
- Murchison National Bank v. BroadhurstSupreme Court of North Carolina · 1929
- Ex Parte GurganusSupreme Court of Alabama · 1948
5 more not listed; retrieve them via the Exa API.