Dumas v. Hunter
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before tbe Hon. Ales. B. Clitheeall. This was an action of unlawful detainer, commenced in April, 1852, by Winchester Dumas against Robert Hunter.
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Appeal from the Circuit Court of Fayette. Tried before tbe Hon. Ales. B. Clitheeall. This was an action of unlawful detainer, commenced in April, 1852, by Winchester Dumas against Robert Hunter. The complaint states, “ that Robert Hunter, on the first day of March, 1852, entered upon, and unlawfully detains” the land in controversy, which is particularly described, “ the property of the said Dumas in his own right; and that he has had the peaceable possession of the same for some seven years.” The justice of the peace before whom the suit was commenced, gave judgment against the plaintiff, “…
1Opinion of the CourtLigon, J.
1. We think it very clear, that the court' erred in allowing the appellee to read in evidence to the jury the record of the judgment in the case of Waddle against *714the appellant, and the deed from the sheriff to him for the premises when they were sold under that judgment, against the objection of the appellee. The 2859th section of the Code expressly declares, that “.the estate, or merits of the title, cannot be inquired into on the trial of any complaint” of the kind here presented ; and it is too clear to admit of ai’gument, that the admission of the proof objected to tended, necessarily…
2Cases cited1 opinion
- Lecatt v. StewartSupreme Court of Alabama · 1830
3Cited by6 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
- Pentz v. KuesterSupreme Court of Missouri · 1867
- Dwine v. BrownSupreme Court of Alabama · 1860
- Pugh v. DavisSupreme Court of Alabama · 1893
- Jordan v. SumnersSupreme Court of Alabama · 1930
1 more not listed; retrieve them via the Exa API.