J. D. Morris v. Claude Yancey

LAWSON, Justice. This is a statutory ejectment suit. The complaint was filed in the circuit court of Baldwin County on December
23, 1955, by J. D. Morris against Claude Yancey. The defendant pleaded the general issue. When the cause was first tried the
court at the Conclusion of plaintiff's evidence gave the general affirmative charge with hypothesis in favor of the defendant.
There was jury verdict in favor of the defendant, on which the court rendered judgment. The plaintiff appealed to this court.
We reversed the judgment of the trial court and remanded the cause for further proceedings. Morris v. Yancey, 266 Ala. 54,
94 So.2d 195. We held in effect that although neither of the parties had shown title to the property, the trial court erred
in giving the affirmative charge in favor of the defendant for the reason that the plaintiff's evidence tended to show possession
by him for a number of years prior to the possession of the defendant. There was no change in the pleadings after remandment. On the second trial, where evidence was offered by both parties, the
jury returned a verdict in favor of the defendant. The plaintiff's motion for a new trial was overruled. He has again appealed
to this court.