Cesar v. Virgin
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Bill by Atkis Cesar and others against Jennie W. Virgin and others to enjoin an attempted forfeiture of a lease and a dis-possessory action. From a decree denying relief, complainants appealed.
Read the full summary
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Bill by Atkis Cesar and others against Jennie W. Virgin and others to enjoin an attempted forfeiture of a lease and a dis-possessory action. From a decree denying relief, complainants appealed. Forfeiture for nonpayment of rent will.be relieved against in a court of equity, not •only to the lessee, .but also to third persons, who have acquired interest under the lease, and whose rights will be defeated by the .forfeiture. 59 Ala. 524; 99 Ala. 90, 10 South. 293; 191 Ala. 310, 68 South. 149; 102 Ala. 184, 14 South. 565; 74 U. S.…
1Opinion of the CourtSayre, J.
Appellants, to whom we shall for the present refer as sublessees, filed this bill against the prime lessor, appellee Vir.gin, seeking to be relieved of a forfeiture of the term which said lessor was seeking to ■enforce and to have enjoined a summary action for possession brought by her. In the trial court a decree was rendered sustaining a demurrer to the bill and dissolving a temporary injunction issued originally in accordance with the prayer of the bill. Appellants seek to review and reverse that decree.
The bill shows that defendant Gilchrist ■took a lease of the premises, a two-story…
2Cases cited9 opinions
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Ashe-Carson Co. v. BonifaySupreme Court of Alabama · 1906
- Abrams v. WatsonSupreme Court of Alabama · 1877
- Morey v. HoytSupreme Court of Connecticut · 1893
- Brock v. Desmond & Co.Supreme Court of Alabama · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Baltimore Butchers Abattoir & Live Stock Co. v. Union Rendering Co.Court of Appeals of Maryland · 1941
- Humphrey v. HumphreySupreme Court of Alabama · 1950
- Waller v. ThomasCourt of Appeals of Tennessee · 1976
- Kendis v. CohnCalifornia Court of Appeal · 1928
- State Farm Fire & Casualty Co. v. RowlandCourt of Appeals of Georgia · 1965
14 more not listed; retrieve them via the Exa API.