Hand v. Liles
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. James E. Cobb. This action was brought by Jasper D. Liles against Arthur J. Hand, and was commenced by a statutory attachment against the defendant’s crop, sued out on the 29th September, 1875, and levied on two bales of cotton raised by the defendant, during the year 1875, on lands rented to him by the plaintiff.
Read the full summary
Appeal from the Circuit Court of Chambers. Tried before the Hon. James E. Cobb. This action was brought by Jasper D. Liles against Arthur J. Hand, and was commenced by a statutory attachment against the defendant’s crop, sued out on the 29th September, 1875, and levied on two bales of cotton raised by the defendant, during the year 1875, on lands rented to him by the plaintiff. The attachment was sued out on the ground that the defendant was about removing his crop from the leased premises, without paying the rent, and without the plaintiff’s consent; and the amount claimed as rent was stated…
1Opinion of the CourtStone, J.
In Pope v. Harkins, 16 Ala. 324, Chief Justice Dabgan said: “A tenant may show that the title of his landlord is extinguished, or has passed from him by operation of law. If the premises are sold by execution against the landlord, the tenant may show this in bar of the landlord’s action for rent; for the purchaser occupies the same relation to the landlord, that the grantee by deed would.” So, in English v. Key, 39 Ala. 117, we said: “ There is no apportionment of the rent between the lessor and his assignee; but whoever owns the reversion, at the time the rent falls due, is entitled to the…
2Cases cited7 opinions
- English v. KeySupreme Court of Alabama · 1863
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- Wagner v. CohenCourt of Appeals of Maryland · 1847
- Martin v. MartinCourt of Appeals of Maryland · 1855
- Pope v. HarkinsSupreme Court of Alabama · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Thompson v. TiltonNew Jersey Court of Chancery · 1881