Crim v. Nelms
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the. Hon. II. D. Clayton. This action was brought by John T. Crim, against Allen Nelms, tenant in possession, to recover a tract of land containing eighty acres; and was commenced on 18th October, 1881. In the marginal statement of the parties’ names, in the several minute-entries, the name of J. J. Yarbrongh, as landlord, is entered, and he seems to have been admitted to defend in that capacity ; but the fact is nowhere…
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Appeal from the Circuit Court of Lee. Tried before the. Hon. II. D. Clayton. This action was brought by John T. Crim, against Allen Nelms, tenant in possession, to recover a tract of land containing eighty acres; and was commenced on 18th October, 1881. In the marginal statement of the parties’ names, in the several minute-entries, the name of J. J. Yarbrongh, as landlord, is entered, and he seems to have been admitted to defend in that capacity ; but the fact is nowhere stated in the record. The defendant pleaded not guilty, and the cause was tried on issue joined on that plea. On the trial,…
1Opinion of the CourtClopton, J.
The sole question of contention is, whether the appellee, Yarbrough, who appeared and made himself a defendant, as landlord of the tenant in possession, is precluded to show title in himself, by the general rule, which estops a tenant from disputing the title of his landlord, without first surrendering possession. The estoppel is founded on considerations of public policy, and is co-extensive with its requirements and purposes. It rests on the equitable doctrine, that one having obtained possession of another’s land, by recognizing and admitting his title, shall not be allowed to" call it in…
2Cases cited8 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
- Prater v. MillerSupreme Court of Alabama · 1854
- Ex parte PearsonSupreme Court of Alabama · 1884
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3Cited by20 opinions
- Whitlock v. GossonNebraska Supreme Court · 1892
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Edinburgh American Land Mortgage Co. v. PeoplesSupreme Court of Alabama · 1893
- Western Union Telegraph Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1918
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