Martin v. Blanchett
Supreme Court of Alabama
Btatxvtory Attachment by landlord, for Adva/nces. Appeal from the Circuit Court of Barbour. Tried before the TIon. IT. C. Speake.
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Btatxvtory Attachment by landlord, for Adva/nces. Appeal from the Circuit Court of Barbour. Tried before the TIon. IT. C. Speake. This action was brought by Columbus Martin, against Lemuel Blanchett, to recover the sum of $300, alleged to be due to the plaintiff as landlord, for advances made by him to enable the defendant, his tenant, to make a crop on the rented lands during the year 1883; and was commenced by attachment against the defendant’s crop, sued out on the 22d November, 1883, on the ground that the defendant had removed a part of the crop from the rented premises, without the…
1Opinion of the CourtSomerville, J.
The charge of the court was clearly erroneous. Admitting that the contract of renting between the parties was void under the statute of frauds, as a parol agreement for a lease for the term of one year, to commence in futuro, within the principle decided in Crommelin v. Theiss & Co. (31 Ala. 412); the defendant, nevertheless, went into possession of the premises, occupying under his verbal contract, and paid his rent to the plaintiff; and this act of recognition of *290the relation of landlord and tenant created a tenancy, and operated to impart validity to an agreement, otherwise deemed void,…
2Cases cited6 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Comer v. SheehanSupreme Court of Alabama · 1883
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Harris v. MillerSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- East Tenn., Va. & Ga. Railway Co. v. DavisSupreme Court of Alabama · 1890
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- White v. KinneySupreme Court of Alabama · 1924
- White v. LevySupreme Court of Alabama · 1890
9 more not listed; retrieve them via the Exa API.