Sims v. Glazener
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Before the Hon. G. W. Stone. Teespass vi et armis, by the plaintiff in error, for the taking, and carrying away, by the defendant, of one hundred bushels of corn.
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Error to the Circuit Court of Talladega. Before the Hon. G. W. Stone. Teespass vi et armis, by the plaintiff in error, for the taking, and carrying away, by the defendant, of one hundred bushels of corn. Upon the trial, as appears from the bill of exceptions, the plaintiff proved, that in the year 1846, he cultivated a tract of land in Talladega county, and made thereon a crop of corn,which he gathered in the fall, and deposited it, two-thirds in a crib, and one-third in a pen. That about one hundred bushels were thus deposited, the corn in the crib being intended for the plaintiff, and that…
1Opinion of the CourtCollier, C. J.
1. It was certainly competent for the defendant to show that the plaintiff was his lessee, and that the latter made Bolton a sub-lessee, under a contract to pay the rent for the land he cultivated to the defendant — also, that Bolton, in pursuance of his contract, deposited the corn in which the rent was to be paid, in a crib situated on the premises, which the plaintiff used for his own purposes-. Whether this evidence was sufficient to establish the defendant’s fight to enter the crib, and remove the corn without first obtaining the permission of the plaintiff, was an inquiry *698addressed to…
2Cases cited2 opinions
- Randolph v. CarltonSupreme Court of Alabama · 1845
- Falkner v. JonesSupreme Court of Alabama · 1847
3Cited by13 opinions
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
- Brown v. AllenSupreme Court of Iowa · 1872
- Dorsey v. ManloveCalifornia Supreme Court · 1860
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