Bates v. Ridgeway
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas, Tried before Hon. M. J. Saeeold. This was an action of unlawful detainer, commenced in the year 1861 before a justice of the peace. Judgment having been rendered in that court against the appellant, Eidgeway, he appealed to the circuit court. The appellee, as plaintiff, complained, in substance, that the defendant Eidgeway entered upon the premises described, of which he had the possession, without his knowledge or consent.
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Appeal from the Circuit Court of Dallas, Tried before Hon. M. J. Saeeold. This was an action of unlawful detainer, commenced in the year 1861 before a justice of the peace. Judgment having been rendered in that court against the appellant, Eidgeway, he appealed to the circuit court. The appellee, as plaintiff, complained, in substance, that the defendant Eidgeway entered upon the premises described, of which he had the possession, without his knowledge or consent. But after such entry, the plaintiff allowed him to remain there, for the purpose of completing an unfinished dwelling house…
1Opinion of the CourtB. E. Saeeoud, J.
As the objection to the complaint is not specified in the demurrer, we have only to consider whether it contains a special cause of action. The defendant’s entry into possession of the land was not lawful.' It was a trespass. The parties, however, were competent to waive the tort, and in that case assumpsit would lie for the use and occupation, which is not maintained when the defendant’s possession is tortious, or adverse.—1 Chit. Plead. 107; Stockett v. Watkins, 2 Gill & Johns. 326; Curtis v. Treat, 8 Shepley, 525.
If it is true that the defendant recognized the plaintiff’s rights of title…
2Cases cited4 opinions
- Utica Insurance v. CadwellNew York Supreme Court · 1829
- Rainey v. CappsSupreme Court of Alabama · 1853
- Dumas v. HunterSupreme Court of Alabama · 1857
- Waugh v. RidgewaySupreme Court of Alabama · 1868
3Cited by2 opinions
- Standard Acc. Ins. of Detroit v. HoehnSupreme Court of Alabama · 1926
- Zion Star Baptist Church v. HartSupreme Court of Alabama · 1934