112 Ala. 588 | Ala. | 1896
This is an action of forcible entry and unlawful detainer, or of unlawful detainer. There are several questions presented in the record, which we deem it unnecessary bo consider. The question . which seems to have been a material point in the case on the
The instructions on this question given by the trial court are not in accordance with the law, and should not have been given.
We are not sufficiently advised by the abstract to enable us to determine whether the unlawful detainer suit instituted against Kate A. Sheppard, wife of the present defendant, was defended upon the ground, that if there had been a forcible entry upon the lot, and there was an unlawful detainer, it was the act wholly of the husband C. M. Sheppard, of which the then defendant Kate A. Sheppard had no knowledge and was in no way responsible ; but if such was the case and this defense was sustained by the testimony of her husband, the present defendant, he would not be permitted when sued to defend upon the- ground that the detention by him was as agent for the wife.
Reversed and remanded.