Howard v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the ITon. J. C. Riciiarjdson. This, was an action of unlawful detainer, instituted by the appellant, T. J. Howard, against, the appellee, B,. J. Jones; to recover thp possession of a certain lot of land specifically described in the complaint.. This appeal presents for review only the rulings of the trial court upon the pleadings.
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Appeal from the Circuit Court of Montgomery. Tried before the ITon. J. C. Riciiarjdson. This, was an action of unlawful detainer, instituted by the appellant, T. J. Howard, against, the appellee, B,. J. Jones; to recover thp possession of a certain lot of land specifically described in the complaint.. This appeal presents for review only the rulings of the trial court upon the pleadings. To the complaint the defendant pleaded .the .general issue .and the following special plea: “2d. And for. further plea, defendant says, specially, on the 1st day of August, 1896, he entered into a parol…
1Opinion of the CourtHaralson, J.
1. The facts set up in defendant’s second plea created betAveen the plaintiff and the defendant, as to the rented premises, the relation of landlord and tenant. The contract as averred Avas in parol, but it is further averred in the plea that defendant Avent into the .possession of the rented premises under said parol contract of renting promising to-pay $6 per month as rent therefor. Admitting that the contract of renting *492may have been void' under the statute of frauds as a parol agreenlent of lease for the term of one year to commence in the future, yet such a contract followed by use and…
2Cases cited7 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
- Martin v. BlanchettSupreme Court of Alabama · 1884
- Crawford v. JonesSupreme Court of Alabama · 1875
- Nelson v. WebbSupreme Court of Alabama · 1875
- Davis v. PouSupreme Court of Alabama · 1895
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3Cited by4 opinions
- Greenwood v. BennettSupreme Court of Alabama · 1922
- Haas Bros. v. CraftAlabama Court of Appeals · 1913
- Hill v. HarrisSupreme Court of Alabama · 1913
- Jordan v. SumnersSupreme Court of Alabama · 1930