87 So. 341 | Ala. | 1921
The suit was statutory ejectment. Defendant filed the following plea:
"That she is the owner of the land sued for in the above-stated cause, but is not in possession thereof; that S. S. Oates is in possession as my tenant, having rented the same for a term of years."
The court held this was a plea of disclaimer and rendered judgment for plaintiff without costs or damages against defendant. In Dennis v. Price,
The true rule in statutory real action in the nature of ejectment, as well as in an action at common law, is that the tenant in actual possession is the proper party defendant. Banks v. Speers,
The judgment of the circuit court is reversed and the cause is remanded.
Reversed and remanded.
ANDERSON, C. J., and SAYRE and BROWN, JJ., concur.