Ferguson v. Carter

Decided January 15, 1867

Supreme Court of Alabama · decided 1867-01-15

Tried before tbe Hon. John K. Henry. This action was brought by D. J. Ferguson and Benjamin Newton, against Herbert Carter, and was commenced on tbe lOtb October, 1860.

Cited by 3 later decisions — most recently November 1955

3 state decisions

Relies on Russell v. Desplous · Russell v. Desplous

Good law ✅— No negative treatment on recordhow we know

Decided 1867-01-15

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BYRD, J.

¶11. The demurrer to the original complaint was properly sustained. — Russell v. Desplous, 25 Ala. 514; S. C., 29 Ala. 308.

¶22. Under the liberal system of pleading authorized by the Code, we hold that the amended complaint is sufficient. The premises are described with legal certainty; the possession of complainants is alleged with sufficient accuracy; and the forcible entry and detainer by the defendant, though alleged in general terms, is allowable under the provisions of the Code; and the court, therefore, should not have sustained the demurrer thereto.

¶33. Without deciding whether the statute of limitations is applicable to this case, we are satisfied that it is a matter of defense, of which the defendant in the court below can only avail himself by plea.

¶4Reversed and remanded.