85 So. 797 | Ala. | 1920
This statutory action of ejectment was brought by appellant in the circuit court of Jefferson county for the recovery of land situate wholly in Shelby county. It appeared in the pleading, and the fact is commented on in the briefs, that both plaintiff and defendants resided in Jefferson county; but, as we shall see, the places of residence of the parties is of no consequence. Defendants' plea that the land sued for lay wholly in Shelby county was properly sustained. The language of section 6110 of the Code settles the question beyond cavil. It is:
"All actions for the recovery of land, or the possession thereof, or for a trespass thereto, must be brought in the county where the land lies; a summons issuing contrary to this section must be abated on the plea of the defendant."
The question here involved was considered, collaterally, in Woolf v. McGaugh,
Appellant refers to Ashurst v. Gibson,
It seems that no evidence was offered on either hand; but the complaint by affirmative allegation showed the truth of defendant's plea in abatement; and the court proceeded — rather informally, it may be conceded — to render judgment for defendants on their plea. The judgment was correct; there was no objection to the procedure; and the result must now be affirmed.
Affirmed.
ANDERSON, C. J., and GARDNER and BROWN, JJ., concur.