Gault v. McCalley ( 1933 )

Under the facts of the case, the trial involved an inquiry into the title to the land in controversy, and is governed by Brown v. Beatty, 76 Ala. 250, and Jordan v. Sumners, 222 Ala. 314,132 So. 427, and the plaintiffs were not entitled to recover in an action of unlawful detainer.

Reversed and remanded.

ANDERSON, C. J., and BROWN, FOSTER, and KNIGHT, JJ., concur.

GARDNER, THOMAS, and BOULDIN, JJ., dissent.