Leath v. Cobia
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Heard, before Hon. W. W. Haralson. Ejectment by E. Leath against E. Cobia and others. Judgment for defendant and ¡plaintiffs appeal. The court erred in overruling plaintiff’s demurrers to pleas 1 and motions to strike filed by plaintiff. — 7 Ene.
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Appeal from Cherokee Circuit Court. Heard, before Hon. W. W. Haralson. Ejectment by E. Leath against E. Cobia and others. Judgment for defendant and ¡plaintiffs appeal. The court erred in overruling plaintiff’s demurrers to pleas 1 and motions to strike filed by plaintiff. — 7 Ene. P. & P. 238; People v. River R. Co., 12 Mich; Richardson v. Stephenson, 114 Ala. 238; Zirlde v. Jones, 129 Ala. 444. The documents relied on as a defense were void and the court erred in admitting them in evidence. — Secs. 3888, et seq., Code 1907; 31 South. 287; Bottom v. Breicer, -54 Ala. 290; McCullough v.…
1Opinion of the Court
SIMPSON, J. —
This is a statutory action of ejectment, by the appellant, for the recovery of one acre of land described in the pleading. Other lands and interests were originally mentioned, but were eliminated by disclaimer, and while the defendant set up an easement, that was abandoned, and the verdict Avas for the defendant for the one acre of land only, and that alone, Avill be considered.
It is unnecessary to consider the action of the court on motion to strike and on demurrers to special pleas, as this court has frequently decided that, besides a plea since last continuance, the plea of…
2Cases cited15 opinions
- Whitlow v. EcholsSupreme Court of Alabama · 1884
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Field's Heirs v. GoldsbySupreme Court of Alabama · 1856
- Wright's Heirs v. WareSupreme Court of Alabama · 1874
- Logan v. Central Iron & Coal Co.Supreme Court of Alabama · 1903
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3Cited by6 opinions
- Lessley v. PraterSupreme Court of Alabama · 1917
- Jones v. ButlerSupreme Court of Alabama · 1970
- Ex Parte MasonSupreme Court of Alabama · 1925
- Holland v. PattilloSupreme Court of Alabama · 1921
- Hopkins v. PoellnitzSupreme Court of Alabama · 1936
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