42 So. 409 | Ala. | 1906
— This was an action of forcible entry and detainer, commenced before a justice of the pea ce by Mary Brown against A. H. French. On motion of defendant and in accordance with the provisions of sections 2147, 2148, and 2149 of the code of 1896, the cause was removed to the circuit court of Jefferson county. On the trial in the circuit court judgment ivas rendered in favor of the defendant, and the plaintiff appealed to this court.
It was conceded by the plaintiff on the trial in the court below that the legal title to the land involved in the suit was in the defendant, and it was not claimed by the plaintiff that defendant entered the possession under any contract or agreement with the plaintiff or those under whom the plaintiff claimed; hut it was expressly stated to the court by the plaintiff’s counsel “that plaintiff would conduct her case on the theory that she had been forcible ejected from the premises and that she would admit title in the defendant.” In that condition of the case, under section 2149 of the code of 1896, to en
There is no ground in the evidence for any contention that defendant was in the actual possession of the strip of land when the neAV fence was erected by Brown & Murphy (plaintiff’s landlords), apart froan possession obtained by consent of and with the permission of the plaintiff. Defendant does contend that he was in the actual and peaceble possession of the strip in controversy by and Avith the consent of the plaintiff at the time the fence was erected. “The tenánt must regard the interest of the landlord with the respect of possession, and. not only maintain fealty himself, but give due notice of any attempt to dispossess him. His possession is always considered the possession of the landlord. A ten
The judgment is reversed, and the cause remanded.