Bank of Moundville v. Walsh

The rules for giving or refusing affirmative instruction requested need not be repeated. Tbe same are stated and authorities collected in McMillan v. Aiken, 205 Ala. 35, 40, 88 So. 135; Jones v. Bell, 201 Ala. 336, 77 So. 998; McCormack Harvesting Mach. Co. v. Lowe, 151 Ala. 313, 44 So. 47.

The action was for rents hy a purchaser of land at a mortgage foreclosure; the same falling due after the foreclosure and transferred or assigned before that event. The defendant is not a tenant, but- a third person purchasing the rent notes, and the basis of the suit is for money received and which it is…