Lankford v. Green
Supreme Court of Alabama
Appeal from Circuit Court of De Kalb. Tried before Hon. W. J. Harralson. Appellee, Green, brought this action against appellant, Lankford, for use and occupation of land. Under the rulings of the circuit court the jury returned a verdict for the plaintiff. There were numerous exceptions to the ruling of the court below which it is unnecessary to set forth, as the case turned upon the right of the plaintiff, under the facts stated in the opinion, to maintain the action.
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Appeal from Circuit Court of De Kalb. Tried before Hon. W. J. Harralson. Appellee, Green, brought this action against appellant, Lankford, for use and occupation of land. Under the rulings of the circuit court the jury returned a verdict for the plaintiff. There were numerous exceptions to the ruling of the court below which it is unnecessary to set forth, as the case turned upon the right of the plaintiff, under the facts stated in the opinion, to maintain the action. Under the facts of this case “ use and occupation ” will not lie. Shumalcer v. Nelms, 25 Ala. 126; Weaver v. Jones, 24 Ala.…
1Opinion of the CourtJudge, J.
The record of the present case discloses, in substance, the following facts: The appellee recovered the lands, for the use and occupation of which the suit is brought, in April, 1870, in a real action against one Mary Lankford, to which she made no defence. At the time of appellee’s recovery, one John M. Lankford and the appellant were in the joint possession of the premises, the latter holding under a contract with the former, founded on a valuable consideration, as a “ cropper,” for the year 1870. Previous to the making of this contract, John M. Lankford had been in possession of the…
2Cases cited1 opinion
- Shumake v. Nelms' Adm'rSupreme Court of Alabama · 1854
3Cited by3 opinions
- Jones v. ScottSupreme Court of Alabama · 1947
- Mooty v. DoyleAlabama Court of Appeals · 1911
- Rutherford v. CowlingSupreme Court of Alabama · 1917