Callan v. McDaniel
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. L. F. Box. This action was brought by Andrew J. and P. A. Callan, . against Fleming McDaniel, to recover the possession of a tract of land, with damages for its detention; and was commenced on the 27th January, 1881. The land sued for was thus described in the complaint: “A part of the east half of the northeast quarter, and the west half of the north-west quarter, of section twelve (12), township nine (9),…
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. L. F. Box. This action was brought by Andrew J. and P. A. Callan, . against Fleming McDaniel, to recover the possession of a tract of land, with damages for its detention; and was commenced on the 27th January, 1881. The land sued for was thus described in the complaint: “A part of the east half of the northeast quarter, and the west half of the north-west quarter, of section twelve (12), township nine (9), range ten (10); and the south-east quarter of section eleven (11),” same township and range, “ and all that part of the…
1Opinion of the CourtBriokelb, C. J.
1. In ejectment, or in the corresponding statutory real action, the plea of not guilty is an admission by the defendant that he is in possession of the premises sued for, unless he accompanies it with a statement upon the record, limiting the extent of his possession. In that event, it becomes an admission of possession only of such part of the premises as is designated in the statement. — Code of 1876, §§ 2692-3. The statute is an affirmation of the 24th rule of practice in the Circuit Courts, in reference, to the consent rule in actions of *103ejectment, which was borrowed from a rule of the…
2Cases cited4 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- McLemore v. NuckollsSupreme Court of Alabama · 1861
- Lawrence v. Ocean InsuranceNew York Supreme Court · 1814
- McRea v. Ins. Bank of ColumbusSupreme Court of Alabama · 1849
3Cited by24 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Childress v. CallowaySupreme Court of Alabama · 1884
- Richardson v. StateSupreme Court of Alabama · 1920
- City of Birmingham v. GrahamSupreme Court of Alabama · 1918
- Mid-State Homes, Incorporated v. HoltCourt of Civil Appeals of Alabama · 1974
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