Ex parte McFerren
Supreme Court of Alabama
Certiorari to Court of Appeals. H. H. McFerren brings certiorari to review the judgment of tbe Court of Appeals rendered on the appeal of Edgewood Highlands Land Company against him in Avhich the judgment of the trial court was reversed, and the cause remanded. See Edgewoocl Highlands Land Company v. McFerren, 9 Ala.
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Certiorari to Court of Appeals. H. H. McFerren brings certiorari to review the judgment of tbe Court of Appeals rendered on the appeal of Edgewood Highlands Land Company against him in Avhich the judgment of the trial court was reversed, and the cause remanded. See Edgewoocl Highlands Land Company v. McFerren, 9 Ala. App. 275; 63 South. 157. — The contract Avas a contract of sale and not of lease. — 50 S. E. 402; 19 L. R. A. 683; 77 N. W. 683. Therefore, the status of landlord and tenant Avas not created. — 88 N. E. 700; 11 S. E. 893; 9 L. R. A. 373 and note; 134 Pa. 566; 79 Maine 317; 116…
1Opinion of the Court
de GRAFFENRIED, J.
— The law seems to be well settled in all jurisdictions that an infant lessee, who receives no benefit as such lessee from rented premises, can recover hack from the lessor any money which he may pay such, 'lessor as rent. In all cases in which he has been held liable for rent or in which he has been denied to recover rents paid, he has received some actual benefit from the use of the property as a tenant.
“The law,” says Parsons, C. J., in Baker v. Lovett, 6 Mass. 78, 4 Am. Dec. 88, “has draw no line between an infant of six years old and one of 20 years old, for all infants…
2Cases cited19 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Goodman v. WinterSupreme Court of Alabama · 1879
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Green v. . GreenNew York Court of Appeals · 1877
- Price v. FurmanSupreme Court of Vermont · 1855
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3Cited by6 opinions
- Wiggins Estate Co. v. JefferySupreme Court of Alabama · 1944
- Brasher v. GraysonSupreme Court of Alabama · 1928
- 9302 Boardwalk Corp. v. LittmanCity of New York Municipal Court · 1937
- Tatum v. Montgomery Banking Co.Alabama Court of Appeals · 1947
- Edgewood Highland Land Co. v. McFerrenAlabama Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.