McGonegal v. Walker
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. This was an action of forcible entry and detainer, brought by Walker against MeGonegal, to regain possession of certain premises described in the complaint, situated in the city of Mobile. The plaintiff, proving unsuccessful before the justice, took the case before the Circuit Court by certiorari, in which he obtained a verdict and judgment in his favor.
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Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. This was an action of forcible entry and detainer, brought by Walker against MeGonegal, to regain possession of certain premises described in the complaint, situated in the city of Mobile. The plaintiff, proving unsuccessful before the justice, took the case before the Circuit Court by certiorari, in which he obtained a verdict and judgment in his favor. Upon the trial a hill of exceptions was sealed, by which it appears that the plaintiff introduced one James Murphy, who testified that, while the plaintiff was…
1Opinion of the CourtChilton, C. J.
1. In order to sustain the proceeding of forcible entry and detainer, the plaintiff must show that the defendant has entered upon his premises forcibly, and that ho actually detains the possession from him. The detainer need not be by the defendant in person; ho may detain by another, to whom he delivers the possession, after ho has obtained it by force, to be kept for him; nor does it make any difference that the person to whom ho delivers it had been his tenant before the premises went into the possession of the plaintiff.
There was, therefore, no error in refusing to give the instruction…
2Cited by3 opinions
- Mallon v. MoogSupreme Court of Alabama · 1898
- Welden v. SchlosserSupreme Court of Alabama · 1883
- Sprouse v. StorySupreme Court of Alabama · 1905