McKeen v. Nelms
Supreme Court of Alabama
Error to the Circuit Court of Perry. This was a proceeding for a forcible entry and detainer, instituted by the plaintiff in error, before a justice of the peace, to recover the possession of a lot, situated in'the town of Marion. The cause was tried on the plea of “ not guilty,” ■and on the trial a bill of exceptions was sealed at the instance of the plaintiffs.
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Error to the Circuit Court of Perry. This was a proceeding for a forcible entry and detainer, instituted by the plaintiff in error, before a justice of the peace, to recover the possession of a lot, situated in'the town of Marion. The cause was tried on the plea of “ not guilty,” ■and on the trial a bill of exceptions was sealed at the instance of the plaintiffs. It was proved, that in December, 1843, Carlos Reese went into possession of the premises in question, under a contract with H. Davis, the plaintiff’s agent, and gave his notes for the rent of 1844. The tenant being apprehensive that…
1Opinion of the CourtCollier, C. J.
It is not supposed that in order to constitute & forcible entry in the meaning of our statute, it is necessary for the party entering to employphysicalforce, either to expel the occupant or place himself in possession. Threats, menaces, or other circumstances calculated to excite apprehensions of danger, or manifest a determined purpose on the part of the intruder, which can only be repelled by force, we believe are quite sufficient. [7 Hals. Rep. 202; 8 Porter’s R. 57; 3 A. K. Marsh. Rep. 297; 1 J J. Marsh. Rep. 44; 4 Bibb’s Rep. 426.] The same circumstances of force or violence, that amount…
2Cases cited2 opinions
- People ex rel. Kline v. RickertNew York Supreme Court · 1828
- Shacklett v. KershnerCourt of Appeals of Kentucky · 1822
3Cited by11 opinions
- Winterfield v. StaussWisconsin Supreme Court · 1869
- Dwine v. BrownSupreme Court of Alabama · 1860
- Russell v. DesplousSupreme Court of Alabama · 1856
- Chezum v. CampbellWashington Supreme Court · 1906
- Kellum v. BalkumSupreme Court of Alabama · 1890
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