Price v. Pickett
Supreme Court of Alabama
Error to tbe Circuit Court of Marengo. Tried before tbe Hon. JOHN D. Phelak. Assujipsit on tbe common counts against the plaintiff in error by Joseph Pickett, Albert A. Dumas and Eliza, his wife, for the recovery of rents.
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Error to tbe Circuit Court of Marengo. Tried before tbe Hon. JOHN D. Phelak. Assujipsit on tbe common counts against the plaintiff in error by Joseph Pickett, Albert A. Dumas and Eliza, his wife, for the recovery of rents. It was admitted on the trial, that Beuben Pickett, who was the father of the plaintiffs, Joseph Pickett and Eliza Dumas, in his lifetime oAvned and was possessed of a certain tract of land in Marengo county, and that he died in 1840, leaving a widow and the said two children; that the widow afterwards married the defendant, Price, and subsequently to her marriage with him…
1Opinion of the Court
GrOLDTHWAITE, J.-
— -It is true, that the title to land cannot be tried in an action of assumpsit for money had and received ; and for that reason, rents which have been received under an adverse holding cannot be recovered by the rightful owner in this form of action. But where the possession is not adverse, the true owner is entitled to recover the rents which have been received by another; in such case, it is money had and received to the use of the owner; and, as the person to whom the rent was paid would be compelled to account in equity, he may also be held responsible in the equitable…
2Cited by29 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Patton v. DardenSupreme Court of Alabama · 1933
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- Hillens v. BrinsfieldSupreme Court of Alabama · 1895
- Taylor v. TaylorOregon Supreme Court · 1909
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