Tillotson v. Doe ex dem. Kennedy
Supreme Court of Alabama
Wkit of Error to the Circuit Court of Mobile. This Avas an action of ejectment brought by the defendant in error for the recovery of the possession of certain real estate in the city of Mobile. The defendant below, upon the receipt of the usual notice from the casual ejector, entered into the rule confessing lease, entry and ouster as to a part of the premises, and as to the same insisted upon the superiority of his title.
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Wkit of Error to the Circuit Court of Mobile. This Avas an action of ejectment brought by the defendant in error for the recovery of the possession of certain real estate in the city of Mobile. The defendant below, upon the receipt of the usual notice from the casual ejector, entered into the rule confessing lease, entry and ouster as to a part of the premises, and as to the same insisted upon the superiority of his title. In respect to the residue, he disclaimed all pretensions either to the title or possession. It is shown by a bill of exceptions, sealed at the instance of the . defendant,…
1Opinion of the CourtCollier, C. J.
The first question which invites our con* sideration, is, whether the possession of a tenant becomes adverse to his landlord by disclaiming to hold under him, and denying that he has a title to the premises, and if it does, will the statute of limitations begin to run against the landlord, from the time he has notice of the disclaimer? It has been so often held, as to be now regarded as settled law, that if the tenant set his landlord at defiance and disavow his right to demand rent of him, or his title to the property, he places himself in a position antagonistic to his landlord, who may…
2Cases cited6 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Humphres v. TerrellSupreme Court of Alabama · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Betts v. WardSupreme Court of Alabama · 1916
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Rogers v. MartinSupreme Court of Florida · 1924
- Abercrombie v. BaldwinSupreme Court of Alabama · 1849
13 more not listed; retrieve them via the Exa API.