Cox v. Cook
Decision Date | 01 June 1944 |
Docket Number | 1 Div. 209. |
Parties | COX v. COOK. |
Court | Alabama Supreme Court |
Rehearing Denied June 22, 1944.
J B. Blackburn, of Bay Minette, for appellant.
Beebe & Hall, of Bay Minette, for appellee.
Suit in ejectment seeking the settlement of a disputed boundary line of land, by the pleading before us. The plea was not guilty and a suggestion of the true boundary as follows:
Plaintiff's replication was as follows:
The verdict of the jury set out below was for the plaintiff.
The motion for new trial states among other things that:
The judgment on the motion for new trial of the date of July 23, 1943, was:
The proceeding in this case was had under the provisions of Title 7, §§ 941 and 942, Code 1940. The effect of pleading the general issue is stated in Section 941 and is an "admission that the defendant is in possession of the premises sued for."
Section 942 provides that the defendant may disclaim possession of the premises sued for in whole or in part and upon such disclaimer the plaintiff may take judgment or may take issue and if the issue be found for him, he is entitled to judgment. It is further provided that the defendant may file his suggestion in writing that the suit arises over a disputed boundary line, and "he shall describe the location of the true line and thereupon the plaintiff shall take issue, or shall reply in writing in which replication he shall set forth his contention as to the location of the true line,...
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...702; Golden v. Rollins, 259 Ala. 286, 66 So.2d 91(13). But there was no demurrer to the suggestion for such insufficiency. Cox v. Cook, 245 Ala. 668, 18 So.2d 406(4). In the case of Minor v. A. B. Legg & Sons Burial Ins. Co., 256 Ala. 577, 56 So.2d 408, the decree of the trial court referre......
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...the boundary line of the parties. The several grounds of demurrer to defendant's plea or suggestion were properly overruled. Cox v. Cook, 245 Ala. 668, 18 So.2d 406. We have examined the original transcript in the case last cited and find that the suggestion or plea of the defendant in that......
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Mintz v. Millican, 7 Div. 869.
...proof. Steele v. Allen, 214 Ala. 285, 107 So. 812; Forrester v. McFry, supra; Hancock v. Warren, 235 Ala. 180, 177 So. 907; Cox v. Cook, 245 Ala. 668, 18 So.2d 406. original transcript in the case last cited has been examined and we find that the pleadings contained therein are in material ......