(a) A plaintiff commencing an action for the recovery of lands or the possession thereof has an election to proceed by an action of ejectment or by an action in the nature of an action of ejectment as is provided in subsection (b) of this section.
(b) An action for the recovery of land or the possession thereof in the nature of an action in ejectment may be maintained without a statement of any lease or demise to the plaintiff or ouster by a casual or nominal ejector, and the complaint is sufficient if it alleges that the plaintiff was possessed of the premises or has the legal title thereto, properly designating or describing them, and that the defendant entered thereupon and unlawfully withholds and detains the same. This action must be commenced in the name of the real owner of the land or in the name of the person entitled to the possession thereof, though the plaintiff may have obtained his title thereto by a conveyance made by a grantor who was not in possession of the land at the time of the execution of the conveyance thereof. The plaintiff may recover in this action mesne profits and damages for waste or any other injury to the lands, as the plaintiff’s interests in the lands entitled him to recover, to be computed up to the time of the verdict.
(Code 1852, §§2209, 2210; Code 1867, §§2610, 2611, 2621; Code 1876, §§2959, 2960, 2970; Code 1886, §§2695, 2696; Code 1896, §§1529, 1530; Code 1907, §§3838, 3839; Code 1923, §§7453, 7454; Code 1940, T. 7, §§937, 938.)
Notes of Decisions
Jones v. Regions Bank, 25 So. 3d 427 (Ala. 2009).
· cites it 7× “Section 6-6-280, Ala.Code 1975, which is found in Article 7 of Chapter 6 of Title 6 of the Code, states: "(a) A plaintiff commencing an action for the recovery of lands or the possession thereof has an election to proceed by an action of ejectment or by an action in the nature…”
Sanchez v. McKinney, 87 So. 3d 502 (Ala. 2011).
· cites it 5× “It is well established that, “[i]n order to maintain an action for ejectment, a plaintiff must allege either possession or legal title, and the ‘action must be commenced in the name of the real owner of the land or in the name of the person entitled to possession thereof.”
Steele v. Fed. Nat. Mortg. Ass'n, 69 So. 3d 89 (Ala. 2010).
· cites it 9× “1958), which is not the predecessor statute to § 6-6-280 and which has no counterpart in the 1975 Code.”
Byrd v. MorEquity, Inc., 94 So. 3d 378 (Ala. Civ. App. 2012).
· cites it 5× “Can it seriously be doubted *384 that a circuit court derives its power to decide an ejectment case from § 6-6-280, Ala.Code 1975, rather than from the allegations of the plaintiff who seeks relief pursuant to that statute?”
Cadle Co. v. Shabani, 4 So. 3d 460 (Ala. 2008).
· cites it 2× “' § 6-6-280, Ala.Code 1975; see Morris v. *462 Yancey, 267 Ala.”
Ware v. Deutsche Bank Nat'l Trust Co., 1100822 (Ala. 6-17-2011), 75 So. 3d 1163 (Ala. 2011).
· cites it 4× “) On August 29, 2008, the trustee filed a complaint seeking to eject the Wares from the property, pursuant to Ala.Code 1975, § 6-6-280. It claimed to be entitled to immediate possession of the property by virtue of its purchase pursuant to a foreclosure sale.”
Sturdivant v. BAC Home Loan Servicing, LP, 159 So. 3d 47 (Ala. Civ. App. 2013).
· cites it 4× “With deed in hand, [BAC] now brings an action under Alabama law, specifically § 6-6-280(b), Ala. Code 1975, claiming good title to the property at issue and the right to eject the original debtor.”
Pittman v. Regions Bank, 226 So. 3d 193 (Ala. Civ. App. 2016).
· cites it 3× “That statute provides, in pertinent part, as follows: “An action for the recovery of land or the possession thereof in the nature of an action in ejectment may be maintained without a statement of any lease or demise to the plaintiff or ouster by a casual or nominal ejector, and…”
Stokes v. Cottrell, 58 So. 3d 135 (Ala. 2010).
· cites it 2× “2010) (reversing a judgment of ejectment on its merits because the plaintiff did not have legal title to or possession of the property at the time it filed its complaint, applying and quoting Ala.Code 1975, § 6-6-280) (" '[T]he complaint [in an ejectment action] is sufficient if…”
— Ala. Code § 6-6-280(a) — 3 cases
Sanchez v. McKinney, 87 So. 3d 502 (Ala. 2011).
“It is well established that, “[i]n order to maintain an action for ejectment, a plaintiff must allege either possession or legal title, and the ‘action must be commenced in the name of the real owner of the land or in the name of the person entitled to possession thereof.”
— Ala. Code § 6-6-280(b) — 25 cases
Jones v. Regions Bank, 25 So. 3d 427 (Ala. 2009).
“Section 6-6-280, Ala.Code 1975, which is found in Article 7 of Chapter 6 of Title 6 of the Code, states: "(a) A plaintiff commencing an action for the recovery of lands or the possession thereof has an election to proceed by an action of ejectment or by an action in the nature…”
Byrd v. MorEquity, Inc., 94 So. 3d 378 (Ala. Civ. App. 2012).
“Can it seriously be doubted *384 that a circuit court derives its power to decide an ejectment case from § 6-6-280, Ala.Code 1975, rather than from the allegations of the plaintiff who seeks relief pursuant to that statute?”
Sturdivant v. BAC Home Loan Servicing, LP, 159 So. 3d 47 (Ala. Civ. App. 2013).
“With deed in hand, [BAC] now brings an action under Alabama law, specifically § 6-6-280(b), Ala. Code 1975, claiming good title to the property at issue and the right to eject the original debtor.”
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