Cromwell v. Horton
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. Leroy F. Box. This action was brought by John T. Cromwell, as the administrator of the estate of Mrs. Mary P. Roper, deceased, against Scott Horton; and was commenced by attachment sued out before a justice of the peace, on the ground that the defendant had removed a part of the crop from the rented premises without paying the rent claimed to be due to Mrs. Roper’s estate.
Read the full summary
Appeal from the Circuit Court of Shelby. Tried before the Hon. Leroy F. Box. This action was brought by John T. Cromwell, as the administrator of the estate of Mrs. Mary P. Roper, deceased, against Scott Horton; and was commenced by attachment sued out before a justice of the peace, on the ground that the defendant had removed a part of the crop from the rented premises without paying the rent claimed to be due to Mrs. Roper’s estate. The court sustained an objection by the defendant to a part of the testimony of J. I). Mason, a witness for the plaintiff, on the ground that he was interested…
1Opinion of the CourtWalker, J.
— This suit was brought to recover the amount alleged to be due as rent from the defendant as a tenant of the plaintiff’s testatrix, Mrs. Mary P. Roper, deceased. The defendant denied that the land in question belonged to Mrs. Roper’s estate, and alleged that he had never contracted to pay rent therefor to her, or to the plaintiff as her personal representative. J. D. Mason, a witness for the plaintiff, stated that he made a settlement for Mrs. Roper, and that his best recollection was that the defendant was present; that Mrs. Roper then claimed of the defendant the sum of fifty-seven dollars…
2Cases cited4 opinions
- Hodges v. DennySupreme Court of Alabama · 1888
- Huckaba v. AbbottSupreme Court of Alabama · 1888
- Sublett v. HodgesSupreme Court of Alabama · 1889
- Drew v. SimmonsSupreme Court of Alabama · 1877
3Cited by2 opinions
- Manegold v. Massachusetts Life InsuranceSupreme Court of Alabama · 1901
- Kilgore v. KimbrellSupreme Court of Alabama · 1935