Walton v. Atkinson
Supreme Court of Alabama
Bill to Enforce Landlord’s Lien. Appeal from Chambers Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by Nathan L. Atkinson as surviving partner of the firm of Atkinson & Turner against J. M. Walton, administrator of a tenant of said firm, to enforce a lien for rent and advances. From a decree overruling demurrer to the amended bill, respondent appeals.
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Bill to Enforce Landlord’s Lien. Appeal from Chambers Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by Nathan L. Atkinson as surviving partner of the firm of Atkinson & Turner against J. M. Walton, administrator of a tenant of said firm, to enforce a lien for rent and advances. From a decree overruling demurrer to the amended bill, respondent appeals. The proposition raised on demurrer involved the continuance and identity of relation of landlord and tenant between the same parties. — Sec. 4736, Code 1907; Thompson v. Powell, 77 Ala. 391; Gunter v. DuBose, 77 Ala. 326; Reese v.…
1Opinion of the CourtMayfield, J.
— The case made on appeal is fairly and fully stated by counsel for appellant as follows:
“The bill in this case states that respondent’s intestate rented land from a partnership composed of N. L. Atkinson and L. S. Turner, doing business under the firm name of Atkinson & Turner, under a five-year lease, the said lease expiring on or about the 1st day of January, 1906, and that respondent’s intestate, T. W. Wallace, Jr., held over during the year 1906, and, at the option of the landlord, was treated as a tenant under the terms of said lease for the year 1906, and that about November, 1906, one…
2Cases cited11 opinions
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- Causler v. WhartonSupreme Court of Alabama · 1878
- Espy v. ComerSupreme Court of Alabama · 1884
- Brewer v. BrowneSupreme Court of Alabama · 1880
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3Cited by3 opinions
- Burke v. CommissionerUnited States Board of Tax Appeals · 1930
- Appeal of BellingrathUnited States Board of Tax Appeals · 1925
- Bellingrath v. CommissionerUnited States Board of Tax Appeals · 1925