McGehee's Administrator v. Peterson

Supreme Court of Alabama

McGehee's Administrator v. Peterson

57 Ala. 333

CourtSupreme Court of Alabama

DecidedDecember 15, 1876

StatusPublished

Cited by1 cases

This text of 57 Ala. 333 (McGehee's Administrator v. Peterson) 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

McGehee's Administrator v. Peterson, 57 Ala. 333 (Ala. 1876).

Pincite

Opinion

MANNING, J.

According to the evidence set out in this . record, and the contract between appellant and Boggers, the assignor of appellee, the former was in possession — if not .. exclusively as owner, at least as tenant in common, during the year with the latter.—Thompson v. Mawhinney et al. 17 Ala. 363 ; Bennett v. Bullock, 35 Penn. St. 364. In such a relation of the parties towards each other and to the land, ■.the action of trespass quare clausum fregit could not be maintained by Peterson against McGehee for the acts of [335]*335■■‘damage complained of. Peterson was not expelled from the premises; and he was not in exclusive possession of them. If there was any wrong done to him by such acts, his remedy for it was by action on the case.—Bennett v. Bullock, supra; Cabett v. Porter, 8 B. & C. 268; Booth v. Adams, 11 Verm. 156 ; Duncan v. Sylvester, 1 Shepl. (13 Me.) 417.

The judgment of the City Court must be reversed, and -.the cause remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

MANNING, J.

According to the evidence set out in this . record, and the contract between appellant and Boggers, the assignor of appellee, the former was in possession — if not .. exclusively as owner, at least as tenant in common, during the year with the latter.—Thompson v. Mawhinney et al. 17 Ala. 363 ; Bennett v. Bullock, 35 Penn. St. 364. In such a relation of the parties towards each other and to the land, ■.the action of trespass quare clausum fregit could not be maintained by Peterson against McGehee for the acts of [335]*335■■‘damage complained of. Peterson was not expelled from the premises; and he was not in exclusive possession of them. If there was any wrong done to him by such acts, his remedy for it was by action on the case.—Bennett v. Bullock, supra; Cabett v. Porter, 8 B. & C. 268; Booth v. Adams, 11 Verm. 156 ; Duncan v. Sylvester, 1 Shepl. (13 Me.) 417.

The judgment of the City Court must be reversed, and -.the cause remanded.

Cite This Page — Counsel Stack

Bluebook (online)

57 Ala. 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgehees-administrator-v-peterson-ala-1876.

Opinion

Related

Cite This Page — Counsel Stack