Crabtree v. Street
Supreme Court of Alabama
Appeal from Circuit Court, Clay County; Hugh D. Merrill, Judge. Suit by J. C. Street against W. S. Crabtree. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act of April 18, 1911, p. 449.
1Opinion of the CourtThomas, J.
The suit is for use and occupation, where the defendant is alleged t.o have entered into possession of the land unlawfully.
[1] Under the Code of 1907, § 4753, it has been held that a plaintiff cannot recover for use and occupation, unless the defendant entered into the possession unlawfully under such circumstances as that he could not deny the plaintiff’s right of possession. The term “unlawfully,” as used in subsection 4 of section 4753 of the Code, is held to indicate “a possession acquired by an intrusion without a bona fide claim of title upon the plaintiff’s actual possession.” The…
2Cases cited13 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Scott v. StateSupreme Court of Alabama · 1895
- Allen v. Caldwell, Ward & Co.Supreme Court of Alabama · 1906
- Costillo v. ThompsonSupreme Court of Alabama · 1846
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3Cited by8 opinions
- Carr v. MooreSupreme Court of Alabama · 1919
- Alabama Butane Gas Co. v. Tarrant Land Co.Supreme Court of Alabama · 1943
- Kay v. AdamsSupreme Court of Alabama · 1931
- First Nat. Bank of Russellville v. WelchSupreme Court of Alabama · 1930
- Jones v. ScottSupreme Court of Alabama · 1947
3 more not listed; retrieve them via the Exa API.