McInerny v. Irvin
Supreme Court of Alabama
Appeal from tlie Circuit Court of Morgan. Tried before the Hon. John Moore. This action was brought by Brown Irvin against Michael Mclnerny, to recover damages for an alleged trespass by defendant on certain premises, which were described as “the-north-east corner of lot 203, and the south-east twenty feet of lot 204, located in the town of Decaturand was commenced on the 25th March, 1887. The defendant pleaded not guilty as to lot 203, and liberum tenementum as to lot 204;…
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Appeal from tlie Circuit Court of Morgan. Tried before the Hon. John Moore. This action was brought by Brown Irvin against Michael Mclnerny, to recover damages for an alleged trespass by defendant on certain premises, which were described as “the-north-east corner of lot 203, and the south-east twenty feet of lot 204, located in the town of Decaturand was commenced on the 25th March, 1887. The defendant pleaded not guilty as to lot 203, and liberum tenementum as to lot 204; and! issue was joined on these pleas. On the trial, several exceptions were reserved to rulings on evidence, and these…
1Opinion of the CourtSomerville, J.
The action is one of trespass to realty — guare clausum fregit — the premises alleged to have *276been trespassed on being described as certain parts of lots 203 and 204 in the town of Decatur. The defendant interposed the plea of not guilty to the alleged trespass on lot 203, and the special plea of liberum tenementum as to lot 204.
1. The effect ol the plea of liberum tenementum is to assert title to the loeus in quo in the defendant. It raises the question of title, and evidence of paramount title in either jiarty litigant is admissible precisely to the same extent as it would be under the…
2Cases cited10 opinions
- Ward v. StateSupreme Court of Alabama · 1856
- Bicknell v. ComstockSupreme Court of the United States · 1885
- Holland v. BarnesSupreme Court of Alabama · 1875
- Molton v. HendersonSupreme Court of Alabama · 1878
- Doe ex dem. Hughes v. AndersonSupreme Court of Alabama · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- Mitchell v. StateSupreme Court of Alabama · 1891
- Yarbrough v. StateSupreme Court of Alabama · 1894
- McCutchen v. LogginsSupreme Court of Alabama · 1895
- Story v. StateSupreme Court of Alabama · 1912
7 more not listed; retrieve them via the Exa API.