Stodder v. Powell
Supreme Court of Alabama
Samuel Powell brought in the Circuit Court of Mo* bilecounty, in 1S23, an action of trespass, endorsed under the statute “ to try titles,” against Seth Stodder, to recover of him the possession of the Globe Tavern in Mobile, and the lot upon which it stood, and damage# • for the detention. The defendant pleaded the general issue, and at February term, 1826, a trial was had, and a special verdict was found by the jury.
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Samuel Powell brought in the Circuit Court of Mo* bilecounty, in 1S23, an action of trespass, endorsed under the statute “ to try titles,” against Seth Stodder, to recover of him the possession of the Globe Tavern in Mobile, and the lot upon which it stood, and damage# • for the detention. The defendant pleaded the general issue, and at February term, 1826, a trial was had, and a special verdict was found by the jury. By the special verdict, the jurors say “it was proven that Dominique Dolive claimed the Globe Hotel, by having in his possession a paper with a biscuit attached to it. Dominique…
1Opinion of the Court
By JUDGE CRENSHAW.
M ANY errors have been assigned, but those I deem worthy oí notice I shall reduce to three, to wit:
First, the verdict is insufficient in finding the evidence of facts and not facts themselves.
Second, that the plaintiff proved no title in himself; and,
Third, that he is one of several tenants in common or joint tenants, and can only sue lot and recover his undivided , art
As to the first position, it must be acknowledged on all *296sjr]eSi a special verdict should find, not the evidence. of facts, but facis themselves, a established by the c: i-dence. In tbecase at the bar, the…
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