Collins v. Mountain
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. Joi-in Elliott. This was an action of unlawful detainer brought by the appellee Mountain, against the appellants, Winnie Parsons, Joseph Collins, and Tom Smith, to recover possession of certain premises in the city of Mobile. There is a minute entry showing that a demurrer to the complaint was overruled, but the demurrer no where appears in the record.
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Appeal from Circuit Court of Mobile. Tried before Hon. Joi-in Elliott. This was an action of unlawful detainer brought by the appellee Mountain, against the appellants, Winnie Parsons, Joseph Collins, and Tom Smith, to recover possession of certain premises in the city of Mobile. There is a minute entry showing that a demurrer to the complaint was overruled, but the demurrer no where appears in the record. The defendants pleaded, that their ancestor Parsons, under whom they claimed, was in possession of the premises at the time of his death, and for more than three years previously thereto,…
1Opinion of the CourtBrickell, C. J.
The demurrer interposed to the complaint, is not set out in the record, and it is impossible to say whether it should have been sustained or overruled. It may have been a mere general demurrer, not assigning specific causes, which the court was bound to overrule — or, if it assigned specific causes, the complaint may not have been obnoxious to them, though in other respects defective. In this state of the record, wc must presume the demurrer was correctly overruled.
Whether the appellee, who was plaintiff in the court below, was competent as against the appellants,- who are heirs of Amos…
2Cases cited5 opinions
- Lawson v. StateSupreme Court of Alabama · 1852
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Russell v. DesplousSupreme Court of Alabama · 1856
- Falkner v. LeithSupreme Court of Alabama · 1848
- Palmer v. SeveranceSupreme Court of Alabama · 1846
3Cited by1 opinion
- Kriewitz v. Savoy Heating and Air Conditioning Co.Supreme Court of Alabama · 1981