Cook v. Cook
Supreme Court of Alabama
Appeal from tbe Circuit Court of Perry. Tried before the Hon. ANDREW B. Moore. This action was brought by Michael" Cook against Hilary T. Cook, “ to recover $60, with interest from the 1st January, 1852, for that much money had and received by defendant, to and for the use of the plaintiff.” The defendant pleaded, 1st, non assumpsit; 2d,'payment; 3d, set-off; 4th, accord and satisfaction; and, 5th, fraud.
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Appeal from tbe Circuit Court of Perry. Tried before the Hon. ANDREW B. Moore. This action was brought by Michael" Cook against Hilary T. Cook, “ to recover $60, with interest from the 1st January, 1852, for that much money had and received by defendant, to and for the use of the plaintiff.” The defendant pleaded, 1st, non assumpsit; 2d,'payment; 3d, set-off; 4th, accord and satisfaction; and, 5th, fraud. The bill of exceptions states the following facts: The plaintiff offered in evidence two notes, dated March 8, 1851, and payable to M. Cook, jr., on the 1st January, Í852; one for $40, “ for…
1Opinion of the CourtWalker, J.
In a proceeding for the recovery of rent, the tenant is estopped from denying the landlord’s title, when ho has enjoyed the undisturbed possession of the land during the period of the lease. — Perkins v. Governor, Minor, 358; Hanks v. Hinson & Patterson, 4 Porter, 509; Terry v. Ferguson, adm’r, 8 ib. 502; Tillotson v. Kennedy, 5 Ala. R. 407; Shelton v. Eslava, 6 ib. 233; Smith v. Mundy, 18 ib. 185; Rickets v. Garrett, 11 ib. 811.
The general principle above stated, is not disputed in this case; but it is contended that there are features in it, which relieve it from an application of that…
2Cases cited4 opinions
- Hearsey v. PruynNew York Supreme Court · 1810
- Crow v. Boyd's AdministratorsSupreme Court of Alabama · 1849
- Phillips v. CovertNew York Supreme Court · 1810
- Hanks v. HinsonSupreme Court of Alabama · 1837
3Cited by9 opinions
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Leisure American Resorts, Inc. v. KnutillaSupreme Court of Alabama · 1989
- Eufaula Grocery Co. v. Missouri National BankSupreme Court of Alabama · 1897
- McDevitt v. LambertSupreme Court of Alabama · 1886
- Wright v. GravesSupreme Court of Alabama · 1885
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