Morris v. Beebe & Henshaw
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. James Q. Smith. This was a real action in the nature of ejectment, brought by Josiab Morris, on May 4th, 1872, against A. Gerald, F. Tyler, Eugene Beebe and Ferrie Henshaw, to recover possession of certain premises in the city of Montgomery, known as the “ Montgomery Stables,” together with damages for their detention.
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Appeal from Montgomery Circuit Court. Tried before Hon. James Q. Smith. This was a real action in the nature of ejectment, brought by Josiab Morris, on May 4th, 1872, against A. Gerald, F. Tyler, Eugene Beebe and Ferrie Henshaw, to recover possession of certain premises in the city of Montgomery, known as the “ Montgomery Stables,” together with damages for their detention. The first count of the complaint is in the exact language of the form for such action, prescribed in the Bevised Code. The second count differed from the first only in this: It averred that one May was possessed of the…
1Opinion of the CourtBrickell, C. J.
These are cross appeals, and were argued and submitted together. The only question presented on the appeal’of Morris v. Beebe & Henshaw, which we will first consider, is, whether the statutory real action can be maintained against landlord and tenant jointly, or whether the tenant in possession is not the only proper party defendant.
The Code abolishes all common law forms of action.—Ivey v. Blum, 53 Ala. It prescribes a system of remedies bearing more or less analogy to the remedies furnished by the common law. In the application of these remedies, we must look for common law principles and…
2Cases cited5 opinions
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- Wharton v. ClayCourt of Appeals of Kentucky · 1815
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