Smyth v. Tankersley
Supreme Court of Alabama
ERROR to tbe Circuit Court of Montgomery. Tried before tbe Hon. John D. Pbelan. This was an action of assumpsit, brought by tbe plaintiff in error against tbe defendant in error, under tbe following circumstances: Tbe plaintiff bad made a contract witb one David Cbilders, and two other persons, by which be rented to them certain lands, and was to receive one-fourth of all tbe products, after deducting all expenses for bagging, rope, and hauling tbe cotton, for tbe rent.
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ERROR to tbe Circuit Court of Montgomery. Tried before tbe Hon. John D. Pbelan. This was an action of assumpsit, brought by tbe plaintiff in error against tbe defendant in error, under tbe following circumstances: Tbe plaintiff bad made a contract witb one David Cbilders, and two other persons, by which be rented to them certain lands, and was to receive one-fourth of all tbe products, after deducting all expenses for bagging, rope, and hauling tbe cotton, for tbe rent. A portion of tbe cotton made on tbe land was brought to tbe city of Montgomery, for sale, and while there was levied on and…
1Opinion of the CourtGoldthwaite, J.
The position taken by the counsel for the defendant in error, in this court, renders it necessary to determine the legal effect of the contract between the plaintiff in error and Childers. The terms of this contract are thus stated in the bill of exceptions: “ that Smyth rented to the said Childers certain lands, on the following terms, to wit; that said Smyth was to have one-fourth of all the products of said lands, rented as aforesaid, after deducting all expenses for bagging, rope, and hauling the cotton, which was to be in payment and satisfaction of the rent.” If this contract was a…
2Cases cited9 opinions
- Foote v. ColvinNew York Supreme Court · 1808
- Perminter v. KellySupreme Court of Alabama · 1851
- Stewart v. DoughtyNew York Supreme Court · 1812
- Thompson v. MawhinneySupreme Court of Alabama · 1850
- Caswell v. DistrichNew York Supreme Court · 1836
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
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- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
- Howton v. MathiasSupreme Court of Alabama · 1916
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Collier v. FaulkSupreme Court of Alabama · 1881
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