English v. Key
Supreme Court of Alabama
Appeal from tbe Circuit Court of Monroe. Tried before tbe Hon. John K. Henry. This action was brought by K>. M. Key, against W. W. English; was founded on tbe defendant’s promissory note for $300, dated tbe 17th April, 1858, payable on tbe 1st January, 1859, to B. H. Jones or bearer, and assigned by said Jones to tbe plaintiff; and was commenced on tbe 21st June, 1860. Tbe defendant pleaded tbe general issue, and failure of consideration; and issue was joined on those pleas.
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Appeal from tbe Circuit Court of Monroe. Tried before tbe Hon. John K. Henry. This action was brought by K>. M. Key, against W. W. English; was founded on tbe defendant’s promissory note for $300, dated tbe 17th April, 1858, payable on tbe 1st January, 1859, to B. H. Jones or bearer, and assigned by said Jones to tbe plaintiff; and was commenced on tbe 21st June, 1860. Tbe defendant pleaded tbe general issue, and failure of consideration; and issue was joined on those pleas. On tbe trial, as tbe .bill of exceptions states, “tbe plaintiff read in evidence tbe note described in tbe complaint,…
1Opinion of the CourtR. W. Walker, J.
[1.] The familiar rule, which prohibits the tenant from denying the title of the landlord, in any proceeding instituted by the latter, for the recovery of rent, or of possession, must be taken with the qualification (now quite as well established as the principal rule), that the tenant may show that he has been, bona fide, evicted under a paramount title, or that, since the inception of the lease, the title of the landlord has been extinguished, or has passed from him, either by his own act, or by operation of *116la w. — Randolph v. Carlton, 8 Ala. 614; Pope v. Harkins, 16 Ala. 323 ; Smith v.…
2Cases cited11 opinions
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- Martin v. MartinCourt of Appeals of Maryland · 1855
- Randolph v. CarltonSupreme Court of Alabama · 1845
- Farley v. ThompsonMassachusetts Supreme Judicial Court · 1818
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3Cited by38 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Comer v. SheehanSupreme Court of Alabama · 1883
- Clark v. KnoxSupreme Court of Alabama · 1881
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- American Freehold Land Mortgage Co. of London v. TurnerSupreme Court of Alabama · 1891
33 more not listed; retrieve them via the Exa API.