First Nat. Bank of Huntsville v. Carter

GARDNER, Justice.

This suit was begun by attachment for rent and advances.

The defendant interposed numerous pleas in recoupment setting up wrongful eviction, upon which issue was taken and a verdict rendered in defendant’s favor and awarding him a sum in excess of plaintiff’s claim.

The real issues as to the merits of the case were few and free from complications. The eviction complained of was constructive only (Wyatt v. Adair, 215 Ala. 363, 110 So. 801; 36 Corpus Juris, 261), and the plaintiff insists it had a right to take peaceable possession for a failure to promptly pay the rent, the…