Arrington v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Fib Arrington was convicted of trespass after warning, and he appeals.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Fib Arrington was convicted of trespass after warning, and he appeals. The evidence for the state tended to show that one O. E. Johns was a rider or overseer, whose duty it was to superintend the work of the laborers and renters on the plantation of W. B. Bell, and that he rented the premises in question from the agent of Mr. Arrington, signing the rent notes in his own name, and saying nothing about Mr. Bell at the time of the renting. Mr. Bell then rented the same premises to Sid Palmer, Sr., and put him in possession of…
1Opinion of the CourtAnderson, J.
The proof shows that Bell furnished the land and team and Palmer cultivated the land on shares. This created the relation of employer and employee, and not of landlord and tenant or as tenants in common. Section 4743 of the Code of 1907; Jordan v. Lindsay, 132 Ala. 567, 31 South. 484; Maddox v. State, 122 Ala. 110, 26 South. 305. The premises were properly set out in Bell.
The proof did not show that Johns was a general agent, and it was incumbent upon the state to show that he had authority to warn trespassers to keep off the land. Nor do we think that authority to do this could be inferred…
2Cases cited2 opinions
- Jordan v. LindsaySupreme Court of Alabama · 1902
- Maddox v. StateSupreme Court of Alabama · 1898
3Cited by5 opinions
- Tate v. Cody-Henderson Co.Alabama Court of Appeals · 1914
- Johnson v. StateAlabama Court of Appeals · 1965
- Stewart v. YoungSupreme Court of Alabama · 1925
- Willard v. CoxAlabama Court of Appeals · 1913
- Brooks v. City of BirminghamCourt of Criminal Appeals of Alabama · 1980