Bliss v. Winston
Supreme Court of Alabama
THIS was a proceeding for a forcible entry and detainer, commenced by the plaintiff against the defendant, before a justice of the peace of Sumter.
Read the full summary
THIS was a proceeding for a forcible entry and detainer, commenced by the plaintiff against the defendant, before a justice of the peace of Sumter. The complaint contains two parts ; in the first, the plaintiff alleges that theretofore, to wit: on the 20th day of September, 1S3S, he was in possession of certain lands and tenements in the town of Gainesville, in Sumter county, and remained in peaceable possession thereof, fora long space of time thereafter, to wit: until the 29th day of October, 1838, when, by force and strong hand, he was entered upon, and expelled by the defendant, &e. In…
1Opinion of the CourtCollier, C. J.
— We will enquire first. Is the complaint defective for the causes indicated in the motion to quash ? Second. Was the declaration of Payne, as to his possession, admissible evidence ? Third. Did the justice of the peace, mistake the law in his charge to the jury ?
First. The seventh section of the act in regard to forcible entry and detainer, (Aikin’s Digest 203,) provides that “ when complaint to any justice of the peace, of the proper county, shall *347be made in writing, and signed by the party aggrieved, his agent or attorney, specifying the lands, tenements, or other possession, so forcibly…
2Cases cited1 opinion
- Williams v. EnsignSupreme Court of Connecticut · 1823
3Cited by8 opinions
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Oden v. StubblefieldSupreme Court of Alabama · 1842
- Elwood v. SaterlieSupreme Court of Minnesota · 1897
- Holmes v. ComptonSupreme Court of Alabama · 1962
- Kirkland v. TrottSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.