Hill v. Harris
Supreme Court of Alabama
Appeal from Morgan Laiv & Equity Court. Heard before Hon. Ti-ios. W. Wert. Action by Shelley Harris against Flora Hill. From a judgment for plaintiff, defendant appeals.
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Appeal from Morgan Laiv & Equity Court. Heard before Hon. Ti-ios. W. Wert. Action by Shelley Harris against Flora Hill. From a judgment for plaintiff, defendant appeals. The following charges were given at the instance of the plaintiff: (b) “If you find from the evidence that Flora Hill surrendered possession of the land sued for to Mr. Tidwell, or Hughes & Tidwell, and agreed to vacate the premises on February 20, 1908, then I charge you that act Avould amount to an abandonment of possession, and the estate of defendant thereupon became determined ; and plaintiff Avould be entitled to…
1Opinion of the CourtSomerville, J.
Appellee recovered of appellant the possession of certain land in an action of- unlawful detainer begun on February 28, 1908. The principal questions presented by the appeal relate to the question of the plaintiff’s prior possession of the land sued for, and its sufficiency for the maintenance of the action.
The folloAving facts are shoAvn without dispute: The defendant was the OAvner of the land and in possession of it, and conveyed it by mortgage deed, in December, 1906, to one C. L. Price. About November 28, 1907,' Hughes & Tidwell, a partnership, purchased this mortgage from Price, and…
2Cases cited8 opinions
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Cooper v. GambillSupreme Court of Alabama · 1906
- Dwine v. BrownSupreme Court of Alabama · 1860
- Davis v. PouSupreme Court of Alabama · 1895
- Kellum v. BalkumSupreme Court of Alabama · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jordan v. SumnersSupreme Court of Alabama · 1930
- Greenwood v. BennettSupreme Court of Alabama · 1922
- Archer v. SibleySupreme Court of Alabama · 1918
- Warren v. JonesSupreme Court of Alabama · 1929
- Walker v. AdlerSupreme Court of Alabama · 1927
4 more not listed; retrieve them via the Exa API.