Lipscomb v. Moore

THOMAS, Justice.

The suit was for forcible entry and unlawful detainer, and unlawful detainer. The defendants pleaded the general issue.

In order for plaintiff to recover under either count, he must show that he was in pri- or possession of the land — a prior possession to the inception of defendants’ forcible entry without authority — “wrongful possession of the defendant(s) * * * prior to the beginning of the unlawful détainer.” Whaley v. Wynn, 208 Ala. 342, 95 So. 16, 17; Nicrosi v. Phillipi, 91 Ala. 299, 8 So. 561; Beck v. Glenn, 69 Ala. 121.

The evidence showed that plaintiff, Lipscomb,…