Horsefield v. Adams
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. This is a suit for forcible entry, commenced before a justice of the peace, by Horsefield, against Adams and Knapp, and by them removed to the Circuit Court by certiorari, At the trial before the justice, witnesses having been examined, the defendants offered in evidence the record of the suit Doe on the demise of Walker v. Bebee, Etter, Brown and Hall, the writ of possession under it, the sheriff’s return by which he put Daniel…
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Writ of Error to the Circuit Court of Mobile. This is a suit for forcible entry, commenced before a justice of the peace, by Horsefield, against Adams and Knapp, and by them removed to the Circuit Court by certiorari, At the trial before the justice, witnesses having been examined, the defendants offered in evidence the record of the suit Doe on the demise of Walker v. Bebee, Etter, Brown and Hall, the writ of possession under it, the sheriff’s return by which he put Daniel Chandler in possession, and turned Horsefield out. Also, the proceedings in the Circuit Court, under which a second writ…
1Opinion of the CourtGoldthwaite, J.
1. When our statutes on the subject of forcible entry and detainer are examined, we think there can be but one opinion on the point on which the Circuit Court reversed the judgment of the justice. They were intended to give a summary remedy wherever the possession of real estate is intruded upon forcibly, or where, after a peaceable entry, the possession is detained in that way from the person upon whom the entry was made. The possession .at the time of intrusion, is the only matter which is permitted to be the subject of investigation. All questions as to the ultimate title or as to the…
2Cases cited3 opinions
- Howard v. Kennedy's Exr'sSupreme Court of Alabama · 1843
- Perryman v. BurgsterSupreme Court of Alabama · 1837
- Botts v. ArmstrongSupreme Court of Alabama · 1838
3Cited by8 opinions
- Knowles v. OgletreeSupreme Court of Alabama · 1893
- McDowell v. BrantleySupreme Court of Alabama · 1885
- Cawthorn v. StateSupreme Court of Alabama · 1879
- Dent v. StovallSupreme Court of Alabama · 1917
- Harris v. HarrisSupreme Court of Alabama · 1914
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