Moye v. Thurber
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. William S. Anderson. This was an action of forcible entry and detainer, instituted before a justice of the peace. It was removed to the crcuit court by the defendant, under the authority of §§ 2147, 2149 of the civil code of 1896. Upon the trial in the circuit court the presiding judge 'excluded the plaintiff’s evidence, which resulted in a non-suit, with a bill of exceptions.
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Appeal from Mobile Circuit Court. Heard before Hon. William S. Anderson. This was an action of forcible entry and detainer, instituted before a justice of the peace. It was removed to the crcuit court by the defendant, under the authority of §§ 2147, 2149 of the civil code of 1896. Upon the trial in the circuit court the presiding judge 'excluded the plaintiff’s evidence, which resulted in a non-suit, with a bill of exceptions. The plaintiff sued to recover possession of a described parcel of land 20 feet wide and 100 feet long, of which it was alleged she was in possession, and upon which,…
1Opinion of the CourtWeakley, C. J.
In an action of forcible entry and detainer, before a justice of the peace, neither the question of title, nor of the right of entry or of possession, is involved in the issue; the gist of the action being the entry and detainer by force and violence, and the ousting from a peaceable possession contrary to law.— Knowles v. Ogletree, 96 Ala. 555, 12 South. 397. When the suit is removed from the justice court to the circuit court, this action or one of unlawful entry and detainer is converted into statutory ejectment, and a plaintiff must recover on the strength of his legal title, “unless he…
2Cases cited8 opinions
- Child v. . ChappellNew York Court of Appeals · 1853
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Farley v. Bay Shell Road Co.Supreme Court of Alabama · 1899
- Knowles v. OgletreeSupreme Court of Alabama · 1893
- Lide v. HadleySupreme Court of Alabama · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ratino v. HartWest Virginia Supreme Court · 1992
- Farned v. CleereSupreme Court of Alabama · 1932