Ferguson v. Carter

Supreme Court of Alabama
Ferguson v. Carter, 40 Ala. 607 (Ala. 1867)
Byrd

Ferguson v. Carter

Opinion of the Court

BYRD, J.

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

2. 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.

3. 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.

Reversed and remanded.

Reference

Full Case Name
FERGUSON v. CARTER
Cited By
2 cases
Status
Published