Streit v. Wilkerson
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Action by C. Streit against Luvenia Wilkerson in trespass guare clausum fregit. Judgment for defendant and plaintiff appeals.
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Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Action by C. Streit against Luvenia Wilkerson in trespass guare clausum fregit. Judgment for defendant and plaintiff appeals. Tbe contract had been altered by the parties which they could'legally do, and the court erred in admitting the contract for one year. — 88 Ala. 367; 99 Ala. 620; 58 Ala. 296; 61 Ala. 312; 54 Ala. 122; 66 Ala. 548; 146 Ala. 568. Wilkerson is estopped to deny the validity of the instrument because not subscribed by the other party. — 69 Ala. 354; 82 Ala. 425; 100 Ala. 430. Appellees are in no position to…
1Opinion of the Court
MAYFIELD, J. —
The action is trespass quare clausum fregit, and was instituted by appellant against appellees. The trial resulted in verdict and judgment for appellees. The plaintiff below (appellant here.) claims right of possession by virtue of a lease executed by appellees’ testatrix, Mrs. Louise Wilkerson, during her lifetime, to one J. M. Wharton, who assigned ,or subleased to plaintiff. It was undisputed that testatrix executed such a lease to J. M. Wharton for one year, and that plaintiff was put in possession thereunder, and held for one year and paid the rent therefor. Plaintiff…
2Cases cited1 opinion
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
3Cited by6 opinions
- Edward Byron Hale v. United StatesCourt of Appeals for the Fifth Circuit · 1971
- Madden v. StateAlabama Court of Appeals · 1959
- Employees' Retirement System Board of Control v. GivhanCourt of Civil Appeals of Alabama · 2004
- Barron v. BarronCourt of Civil Appeals of Alabama · 1995
- EMPLOYEES'RETIREMENT SYSTEM BD. v. GivhanCourt of Civil Appeals of Alabama · 2004
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