Brown v. Loeb
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Tiiomas. ■ Ejectment by Jacques Loeb against Arthur Brown. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. William H. Tiiomas. ■ Ejectment by Jacques Loeb against Arthur Brown. Judgment for plaintiff and defendant appeals. The defendant properly raised objection to the amendment of the complaint. — T. cG C. R. R. Go. v. Danforth, 112 Ala. 80. The amendment was improperly allowed. — Ex parte Sullivan, 106 Ala. 80; Sec. 5367, Code 1907. The -court judicially knows that the amendment claimed other and different lands from that claimed in the complaint, and thus the original cause of action was wholly abandoned. — Mobile L. I. Go. v. Randall, 74…
1Opinion of the CourtSomerville, J.
In an action of statutory ejectment, the original complaint described the property sued for as the most easterly 23% acres in the S. W. % of the N. E. % of a designated section, upon which defendant entered and unlawfully withheld. Before entering upon the trial, the court allowed plaintiff to amend his complaint by substituting, S. E. % for N. E. % in the description of the land.
Under the old statute of amendments it had been held by this court, in an ejectment case, that “a correction in the description of the property sued for should not be regarded as the substitution of a new cause of…
2Cases cited4 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Porter v. WheelerSupreme Court of Alabama · 1894
- Lampley v. KnoxSupreme Court of Alabama · 1890
3Cited by14 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- Pearson v. City of BirminghamSupreme Court of Alabama · 1923
- First Nat. Bank v. MorganSupreme Court of Alabama · 1925
- Plunkett v. DendySupreme Court of Alabama · 1916
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