Legal Opinion

Walker v. Ferguson

Supreme Court of Alabama

Decided June 14, 1930No. 8 Div. 139PublishedCited by 4 opinions

1Opinion of the CourtBouldin, J.

The suit is by a tenant to enjoin the landlord and his vendee, pending the tenancy, from interfering with the possession and use of the property by the tenant, and from injuring and destroying the business of the tenant conducted in the rented building.

The controlling issue of fact in the ease is whether complainant’s term of rental had expired at the time of the attempted re-entry and eviction by respondents.

Equity’will not lend itself to the protection of an unlawful possession. If abuse of the right of re-entry be relied upon, eom.plainant is subject to the general maxim that he who seeks…

2Cases cited4 opinions

  1. Hardie-Tynes Mfg. Co. v. CruiseSupreme Court of Alabama · 1914
  2. Walker v. City of BirminghamSupreme Court of Alabama · 1927
  3. Bowen v. MorrisSupreme Court of Alabama · 1929
  4. Brauns v. GlesigeIndiana Supreme Court · 1892

3Cited by4 opinions

  1. In Re FiteSupreme Court of Alabama · 1933
  2. Bankers' Fire Marine Ins. Co. v. SlossSupreme Court of Alabama · 1934
  3. Hancock v. WattSupreme Court of Alabama · 1936
  4. Robert F. Dallas v. S.A.G., Inc., D/B/A the Toy Store, in Re S.A.G., Inc., D/B/A the Toy Store, William N. Owen v. Rufus C. BrockCourt of Appeals for the Eleventh Circuit · 1988

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