Ferguson v. Carter

Supreme Court of Alabama

Ferguson v. Carter

40 Ala. 607

CourtSupreme Court of Alabama

DecidedJanuary 15, 1867

StatusPublished

Cited by2 cases

This text of 40 Ala. 607 (Ferguson v. Carter) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ferguson v. Carter, 40 Ala. 607 (Ala. 1867).

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Opinion

BYRD, J.

1. The demurrer to the original complaint was properly sustained. — Russell v. Desplous, 25 Ala. 514; S. C., 29 Ala. 308.

2. Under the liberal system of pleading authorized by the Code, we hold that the amended complaint is sufficient. The premises are described with legal certainty; the possession of complainants is alleged with sufficient accuracy; and the forcible entry and detainer by the defendant, though alleged in general terms, is allowable under the provisions of the Code; and the court, therefore, should not have sustained the demurrer thereto.

3. Without deciding whether the statute of limitations is applicable to this case, we are satisfied that it is a matter of defense, of which the defendant in the court below can only avail himself by plea.

Reversed and remanded.

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BYRD, J.

1. The demurrer to the original complaint was properly sustained. — Russell v. Desplous, 25 Ala. 514; S. C., 29 Ala. 308.

2. Under the liberal system of pleading authorized by the Code, we hold that the amended complaint is sufficient. The premises are described with legal certainty; the possession of complainants is alleged with sufficient accuracy; and the forcible entry and detainer by the defendant, though alleged in general terms, is allowable under the provisions of the Code; and the court, therefore, should not have sustained the demurrer thereto.

3. Without deciding whether the statute of limitations is applicable to this case, we are satisfied that it is a matter of defense, of which the defendant in the court below can only avail himself by plea.

Reversed and remanded.

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Bluebook (online)

40 Ala. 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-carter-ala-1867.

Opinion

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