FULLER v. PORTER

6 Div. 491.

124 So.2d 439 (1960)

J. E. FULLER, Jr., et al. v. Clyde PORTER et al.

Supreme Court of Alabama.

November 17, 1960.


Attorney(s) appearing for the Case

Murray A. Battles, Cullman, for appellants.

W. Marvin Scott, Cullman, for appellees.


SIMPSON, Justice.

This is an appeal from a judgment for the plaintiff in a statutory action of ejectment.

The defendants plead the general issue, which of course admitted their possession. Code of 1940, Tit. 7, § 941.

The cause was never heard on its merits but the trial court granted the plaintiff's motion for a judgment by default under authority of § 940, Tit. 7, of the Code, rested on the premise that, although the defendants did furnish...

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