Tuskegee Land & Security Co. v. Birmingham Realty Co.
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by the Tuskegee Land and Security Company against the Birmingham Realty Company for breach of covenant of warrant against encumbrances. Plaintiff recovering judgment for nominal damages, which was set aside, and the cause dismissed, and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by the Tuskegee Land and Security Company against the Birmingham Realty Company for breach of covenant of warrant against encumbrances. Plaintiff recovering judgment for nominal damages, which was set aside, and the cause dismissed, and plaintiff appeals. Rent is an element of the value of real estate. — S. & M. R. R. Go. v. Knapp, 42 Ala. 480. He who compels the landowner to a- lower valuation must pay for the injury, it matters not what the use may be. — Davis v. E. T. V. & G., 87 Ga. 605; Gerrish v. Ffemnorket Go.,…
1Opinion of the Court
PER CURIAM, —
On a former appeal in this case (161 Ala. 512, 19 South. 378), it Avas ruled that the counts declaring as for a breach of covenants against incumbrances stated good causes of action. •
The case, on being reversed and remanded, Avas tried upon these counts. The trial resulted in a verdict for plaintiff for nominal damages only; and on motion of defendant, made under the provisions of section 5355 of the Code, the court set aside the verdict and dismissed the suit, because the verdict Avas for less than $50. From this judgment the plaintiff appeals, assigning various errors to the…
2Cases cited5 opinions
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- City Council v. TownsendSupreme Court of Alabama · 1886
- Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
- Town of Avondale v. McFarlandSupreme Court of Alabama · 1893
- Blackburn v. Alabama Great Southern RailroadSupreme Court of Alabama · 1904
3Cited by1 opinion
- Colson v. HardenSupreme Court of Alabama · 1932