Coffey v. Hunt
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. N. S. Graiiam. The bill in this cause was filed on 27th March, 1883, by R. C. Hunt against R. A. Coffey, J. P. Timberlake, P. H. Helton and I. E. Moore; and the case made thereby is substantially as follows: On 14th January, 1882, by written contract, one J. P. Martin rented to the defendant Moore, for the year 1882, a certain farm situate in Jackson county, in this State, for ten bales of cotton of a designated average…
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Appeal from Jackson Chancery Court. Heard before Hon. N. S. Graiiam. The bill in this cause was filed on 27th March, 1883, by R. C. Hunt against R. A. Coffey, J. P. Timberlake, P. H. Helton and I. E. Moore; and the case made thereby is substantially as follows: On 14th January, 1882, by written contract, one J. P. Martin rented to the defendant Moore, for the year 1882, a certain farm situate in Jackson county, in this State, for ten bales of cotton of a designated average and classification; and under this contract Moore took possession of the rented land, and raised a crop of cotton…
1Opinion of the CourtBeickell, C. J.
1. There can be no proposition or principle of law more firmly settled, than that rent is an incident to the reversion, passing with it to the assignee. Without an express reservation, an assignment or transfer of the reversion, when rent is accruing and to fall due at a future day, carries with it the right to demand and receive such rent as it falls due and payable. — Taylor’s Land. & Ten. § 448 ; English v. Key, 39 Ala. 113 ; Tubb v. Fort, 58 Ala. 277. Whether the transfer or assignment of the reversion is the voluntary act of the lessor, or involuntary, by act and operation of law, as in…
2Cases cited16 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- English v. KeySupreme Court of Alabama · 1863
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Oliver v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1886
- Cowart v. AaronSupreme Court of Alabama · 1929
- Darling Shop of Birmingham, Inc. v. Nelson Realty Co.Supreme Court of Alabama · 1954
- Greenwood v. BennettSupreme Court of Alabama · 1922
- Bank of Moundville v. WalshSupreme Court of Alabama · 1927
10 more not listed; retrieve them via the Exa API.