Ex parte Donna McKINNEY and Marlin McKinney. (In re Gilberto Sanchez v. Donna McKinney and Marlin McKinney)

Summary

The Supreme Court of Alabama granted the McKinneys' mandamus petition in part, holding that Sanchez lacked standing to pursue ejectment because he had neither legal title nor actual possession, and that the circuit court lacked original jurisdiction over the unlawful-detainer claim. Because the trial court lacked subject-matter jurisdiction, its orders were void and it was directed to dismiss the action and counterclaims, but the Court denied relief requiring repayment of the mortgage payments. Justice Shaw, concurring specially, defended adherence to the existing jurisdictional precedents, while Chief Justice Cobb and Justice Murdock disagreed with treating Sanchez's alleged defects as jurisdictional.