Knowles v. Ogletree
Supreme Court of Alabama
Appeal from tbe Circuit Court of Russell. Tried before tbe Hon. J. M. Cabmichael. Tbis was an action for forcible entry and detainer, brought by M. D. Ogletree against Jobn "W. Knowles. There was judgment for tbe plaintiff, and tbe defendant appeals. The evidence on tbe trial, as disclosed by tbe bill of exceptions, showed that tbe plaintiff and tbe defendant, and those under whom they respectively claimed, were for many years in possession of adjoining lots of land.
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Appeal from tbe Circuit Court of Russell. Tried before tbe Hon. J. M. Cabmichael. Tbis was an action for forcible entry and detainer, brought by M. D. Ogletree against Jobn "W. Knowles. There was judgment for tbe plaintiff, and tbe defendant appeals. The evidence on tbe trial, as disclosed by tbe bill of exceptions, showed that tbe plaintiff and tbe defendant, and those under whom they respectively claimed, were for many years in possession of adjoining lots of land. In the year 1884 tbe dividing fence bad rotted down, or nearly so, and a dispute arose between tbe plaintiff and tbe defendant…
1Opinion of the Court
THOBINGTON, <1.
Forcible entry and detainer, as generally defined, is essentially an action given to protect the actual possession of real estate against unlawful and forcible invasion, to remove occasion for acts of violence in defending such possession, and to punish breaches of the peace committed in the entry upon or the detainer of real property. 8 Amer. & Eng. Encyc. of Law, p. 102. Neither the question of title nor of the right of entry or of possession is involved in the issue, the gist of the action being the entry and de-tainer by force and violence, and the ousting from a peaceable…
2Cases cited5 opinions
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Espalla v. GottschalkSupreme Court of Alabama · 1891
- Horsefield v. AdamsSupreme Court of Alabama · 1846
- Schaungut's Adm'r v. UdellSupreme Court of Alabama · 1890
- Payne v. MathisSupreme Court of Alabama · 1890
3Cited by18 opinions
- Alabama Produce Co. v. SmithSupreme Court of Alabama · 1932
- Farley v. Bay Shell Road Co.Supreme Court of Alabama · 1899
- Coulter v. HolderSupreme Court of Alabama · 1971
- Jefferson County v. ParkerSupreme Court of Alabama · 1924
- Dent v. StovallSupreme Court of Alabama · 1917
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