Zoghby v. Stanton

I concur specially only because I am averse to affirming without explaining why until such time as we give adequate advance notice to the Bench and Bar that certain cases in which opinions were written in the past may be affirmed without an opinion in the future.

The plaintiffs (appellants) filed an ejectment suit to recover possession of an alley located on the west side of Jackson Street in downtown Mobile. The plaintiffs alleged that they had legal title to the alley and that the defendant had entered into possession of it and unlawfully withheld it. The defendant admitted that he was in…