93 Ala. 317 | Ala. | 1890
— This action, as presented by the complaint on which the trial was had, is one of unlawful detainer. The evidence is unconlroverted in the establishment of the following facts: James W. Balkum, the father of plaintiffs, was in possession of the land involved in the suit prior to 1888, and in the Fall of 1887 rented it to one Clark for the year beginning January 1st, and ending December 31st, 1888. Clark took possession under this lease, and sub-let a part oí' the land to one Harrison, who entered thereon and continued in possession to the end of jthe term, the other part of the tract being in like manner occupied by Clark till December 31st, 1888. Said Balkum died in the Spring of 1888, and the present plaintiffs are his onty heirs at law. Administration was had on his estate, and the administrator collected the rent due from Clark; but it does not appear that he ever took the statutory steps to intercept the descent of tlie land for the purpose of subjecting it or its issues to the debts of thj intestate, or that Clark or H irrison ever attorned to him, or whether
The assignments'of error are addressed to many rulings of the trial court on the pleadings, on objections to testimony, and on instructions requested by the respective parties; but we are relieved from an examination of these rulings in detail by the argument of appellant’s counsel, which narrows the limits of our inquiry to three propositions, which only, they insist, are “raised by the pleadings, and the rulings of the court on the evidence at the trial, and on the charges given and refused.” These propositions are in denial ..of plaintiff’s right to maintain this action, on the grounds : first, that “neither plaintiffs nor their deceased ancestor were in possession of the premises at the time the defendant entered thereon second, that the administrator had the right to maintain the action, and, hence, the heirs did not; and third, that the possession of the heirs “and their ancestor was not Iona fide, but was a mere scrambling possession,” and therefore not such possession as would support the action.
There is no error in the record, and the judgment of the Circuit. Court is affirmed.. '