Shumake v. Nelms' Adm'r
Supreme Court of Alabama
ERROR to the Circuit Court of Perry. Tried before the Hon. John D. Phelan, Assumpsit for the use and occupation of a certain house and lot in the town of Marion during the year 1846. It appears from the bill of exceptions, that the plaintiff offered evidence tending to prove that the defendant occupied the house and lot described in the declaration from the middle of March, 1846, to the first of January, 1847, and that the annual rent was worth from $125 to $130 ; and he…
Read the full summary
ERROR to the Circuit Court of Perry. Tried before the Hon. John D. Phelan, Assumpsit for the use and occupation of a certain house and lot in the town of Marion during the year 1846. It appears from the bill of exceptions, that the plaintiff offered evidence tending to prove that the defendant occupied the house and lot described in the declaration from the middle of March, 1846, to the first of January, 1847, and that the annual rent was worth from $125 to $130 ; and he then offered in evidence the writ and other papers in a certain action of trespass brought by him, ■ in the Circuit Court…
1Opinion of the Court
GOLDTHWAITE, J. —
The first question is, whether Nelms, in Ms action of trespass to try titles, could have recovered in damages the rents of the land accruing up to the time of the verdict in that action; and we are clear that he could. The object of the act of 1821 (Clay’s Dig. 320, § § 43, 44, 45) was, to give the owner of lands a remedy to recover possession in the action of trespass, and in the same proceeding to recover damages and costs; and hence in Cummings v. McGehee, 9 Porter 349, it was held by this court, that an action for mesne profits, accruing previous to the rendition of…
2Cases cited8 opinions
- Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810
- Morgan v. VarickNew York Supreme Court · 1832
- Rowland v. Ladiga's HeirsSupreme Court of Alabama · 1852
- Baron v. AbeelNew York Supreme Court · 1808
- Cummings v. M'GeheeSupreme Court of Alabama · 1839
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Carlisle v. KillebrewSupreme Court of Alabama · 1889
- Alexander v. Ala. Wes. R. R.Supreme Court of Alabama · 1912
- Ashmead v. WilsonSupreme Court of Florida · 1886
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Coleman v. StewartSupreme Court of Alabama · 1910
14 more not listed; retrieve them via the Exa API.