Holland v. Pattillo
| Decision Date | 20 January 1921 |
| Docket Number | 3 Div. 480 |
| Parties | HOLLAND v. PATTILLO. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Autauga County; M.C. McMorris, Judge.
Action by Minnie Pattillo against Mary Holland. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
C.E.O. Timmerman, of Prattville, for appellant.
Gipson & Booth, of Prattville, for appellee.
The suit was statutory ejectment. Defendant filed the following plea:
"That she is the owner of the land sued for in the above-stated cause, but is not in possession thereof; that S.S. Oates is in possession as my tenant, having rented the same for a term of years."
The court held this was a plea of disclaimer and rendered judgment for plaintiff without costs or damages against defendant. In Dennis v. Price, 148 Ala. 243, 41 So. 840; Marbury Lumber Co. v. Wainwright, 202 Ala. 266, 80 So. 352, the party in actual possession was sued with other defendants.
The true rule in statutory real action in the nature of ejectment, as well as in an action at common law, is that the tenant in actual possession is the proper party defendant. Banks v. Speers, 117 Ala. 264, 23 So. 64; Morris v. Beebe, 54 Ala. 300, 304, 305; Smith v. Gayle, 58 Ala. 600; Wilson v. State, 115 Ala. 129, 132, 22 So. 567. The landlord must on motion of tenant, or on his own application, be made a defendant. Such statutes do not authorize the plaintiff to make him an original defendant in commencing suit, or dispense with the necessity of making the tenant a party defendant. Code 1907, § 3844. The tenant is not entitled to have his landlord made the sole party defendant (Leath v. Cobia, 175 Ala. 435, 443, 57 So. 972; McClendon v. Equitable Mortg. Co., 122 Ala. 384, 25 So. 30), ejectment being a possessory action ( Salter v. Fox, 191 Ala. 34, 67 So. 1006).
The judgment of the circuit court is reversed and the cause is remanded.
Reversed and remanded.
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Crutchfield v. Vogel
... ... recover on the strength of his own title, and not on the ... weakness of his adversary's title. Holland v ... Pattillo, 205 Ala. 221, 87 So. 341; Monfee v ... Hagan, 201 Ala. 627, 79 So. 189; Stewart Bros. v ... Ransom, 204 Ala. 589, 591, 87 So ... ...
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Crow v. Smith
... ... wife. The judgment was for the plaintiffs ... In ... ejectment, where the action is possessory (Holland v ... Pattilo, 205 Ala. 221, 87 So. 341), plaintiffs must ... recover on the strength of their own title, and not on the ... weakness of the ... ...
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State v. Broos
...62 Ala. 365, 368. Plaintiff must recover on the strength of its own title and not on the weakness of the adversary's. Holland v. Pattillo, 205 Ala. 221, 87 So. 341; Monfee v. Hagan, 201 Ala. 627, 79 So. 189; Lyons v. Taylor, 231 Ala. 600, 166 So. 15; Stewart v. Carnell, 235 Ala. 636, 180 So......
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Sharpe v. McCloud, 3 Div. 332.
...recover, if they recover at all, on the strength of their own title, and not on the weakness of the adversary's title. Holland v. Pattillo, 205 Ala. 221, 87 So. 341; Monfee v. Hagan, 201 Ala. 627, 79 So. Stewart Bros. v. Ransom, 204 Ala. 589, 87 So. 89; Gerald v. Hayes, 205 Ala. 105, 87 So.......