Whiteside v. Branch Bank at Decatur
Supreme Court of Alabama
Writ of Error to the Circuit Court of Franklin. This was an action of trespass at the suit of the.defeudaijt in error, .brought as well to fry titles to a, tract,of ;la,nd.. situate in-the county of Franklin, as to recover damages fpr fts occupancy. The cause was .tried upon the general, issxie^ and a verdict returned for the plaintiff, assessing .the .damages by reason of the defendant’s possession since the-13th.
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Writ of Error to the Circuit Court of Franklin. This was an action of trespass at the suit of the.defeudaijt in error, .brought as well to fry titles to a, tract,of ;la,nd.. situate in-the county of Franklin, as to recover damages fpr fts occupancy. The cause was .tried upon the general, issxie^ and a verdict returned for the plaintiff, assessing .the .damages by reason of the defendant’s possession since the-13th. June, 1842, to 1st January, 1846; to $1750; and as the-defendants had planted a crop on the premises, which it “ will require until the- 1st January, 1847, to gather and secure,…
1Opinion of the CourtCollier, C. J.
The objection to the declaration cannot áv&il. It is alledged that the plaintiff; on the 16th De-Oeinbéf, was seized in its demesne, as of fee of a certain tract Of land, (being that in question,) and on the day and year a-forésáifl, the defendant, with force and arms broke and entered iiito the same, and ejected the plaintiff therefrom, detaining thé possession, and taking the rents and profits to his Owii usé, &&: The defect is, that the. year in which the plaintiff was seized and evicted does not appear. After judgment, if not previously, it must be intended, that the 16th December must…
2Cases cited2 opinions
- Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
- Land v. HopkinsSupreme Court of Alabama · 1844
3Cited by2 opinions
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Elmore v. HarrisSupreme Court of Alabama · 1848