Ferris v. Hoglan
Supreme Court of Alabama
Appeal from tbe County Court of Cleburne. Tried before Hon. T. J. Burton. J. A. Hoagland and Jesse Hoagland made an agreement with Willet Ferris by tbe terms of which tbe latter was to take charge of and cultivate the vineyard of tbe former, and to market the crop and to receive compensation therefrom, and to keep the vineyard a second year if tbe proceeds of tbe crop of the first year were inadequate to pay him, and to return tbe surplus to tbe former.
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Appeal from tbe County Court of Cleburne. Tried before Hon. T. J. Burton. J. A. Hoagland and Jesse Hoagland made an agreement with Willet Ferris by tbe terms of which tbe latter was to take charge of and cultivate the vineyard of tbe former, and to market the crop and to receive compensation therefrom, and to keep the vineyard a second year if tbe proceeds of tbe crop of the first year were inadequate to pay him, and to return tbe surplus to tbe former. Tbe Hoaglands filed a bill alleging defective performance and praying that tbe defendant be restrained from trespassing on the land; and that…
1Opinion of the Court
SHARPE, J.-
— A lease carries to the lessee the right to the possession of the leased premises. — 12 Am. & Eng. Ency. Law, 976; Callen v. Hilly, 14 Penn. St. 286. Such possession the landlord has no right to disturb until the expiration of the term unless under the terms of the contract. — Warner v. Abbey, 112 Mass. 353; Darling v. Kelly, 112 Mass. 29. If a right be granted by the owner of land to the grantee merely to be upon or to do acts or work upon land it is a license and not a lease. Riddle v. Brown, 20 Ala. 412; Rapalje and Lawrence’s Law Dict. 735; 13 Am. & Eng. Ency. Law, 539; Cook…
2Cases cited9 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Riddle v. BrownSupreme Court of Alabama · 1852
- Farmers' Loan & Trust Co. v. GalesburgSupreme Court of the United States · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Crowson v. CodySupreme Court of Alabama · 1926
- Howell v. HowellSupreme Court of Alabama · 1911
- Cloud v. DeanSupreme Court of Alabama · 1924
- Burton v. SteversonSupreme Court of Alabama · 1921
- Samuel Gans Co. v. TysonSupreme Court of Alabama · 1910
2 more not listed; retrieve them via the Exa API.