Legal Opinion

Barnewell v. Stephens

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 16 opinions

Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This suit was brought by the appellee, George H. Stephens, against the appellant, Louisa Barnewell, Susie Johnson, George Barnewell and Ella Barnewell. The complaint as originally filed contained two counts. The first count was for unlawful detainer, and the second :for forcible entry and unlawful detainer.

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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This suit was brought by the appellee, George H. Stephens, against the appellant, Louisa Barnewell, Susie Johnson, George Barnewell and Ella Barnewell. The complaint as originally filed contained two counts. The first count was for unlawful detainer, and the second :for forcible entry and unlawful detainer. The defendant pleaded the general issue and by special plea set up the statute of limitation for three years. Upon issue joined b3 these pleas the cause was tried. The tendencies of the evidence are…

1Opinion of the Court

ANDERSON, J.-

-The complaint in this case contains two counts, one for unlawful detainer and the other for forcible entry. There was judgment for the plaintiff in the court below and the defendant appeals.

In order for the plaintiff to recover under either count, he must have had a previous possession of the premises. There was no evidence to support the count for forcible entry as the defendants were in possession, at the time the plaintiffs pretended possession began, and if they were guilty of anything, it was for holding over after the termination of the possessory interest, as- tenants of…

2Cases cited12 opinions

  1. McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
  2. Nicrosi v. PhillipiSupreme Court of Alabama · 1890
  3. Brady v. HuffSupreme Court of Alabama · 1883
  4. Butler v. JonesSupreme Court of Alabama · 1886
  5. Bohannon v. StateSupreme Court of Alabama · 1882

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Patton v. StateSupreme Court of Alabama · 1916
  2. Montgomery v. StateAlabama Court of Appeals · 1911
  3. Myles v. StrangeSupreme Court of Alabama · 1932
  4. Greenwood v. BennettSupreme Court of Alabama · 1922
  5. Montgomery-Moore Mfg. Co. v. LeethAlabama Court of Appeals · 1911

11 more not listed; retrieve them via the Exa API.

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