Crabtree v. Street
Supreme Court of Alabama
Appeal from Clay County Court; E. J. Garrison, Judge. Action by J. O. Street against W. S. Crab-tree. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, p. 449, Acts 1911.
1Opinion of the CourtSayre, J.
Prior to the Code of 1907 it had long been the ’law of this state that the action for use and occupation could not be maintained against a defendant who was in a position to set up adverse possession and was holding adversely to the plaintiff, denying his.title. Powell v. New England Mortgage Security Co., 89 Ala. 490, 8 South. 136. To support the action it was indispensable' that there should be a contract, express or implied, either creating the technical relation of landlord and tenant or bringing the parties into a relation importing like rights and duties. Davidson v. Ernest, 7 Ala. 817;…
2Cases cited5 opinions
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Davidson v. ErnestSupreme Court of Alabama · 1845
- Powell v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Stringfellow v. Curry & Co.Supreme Court of Alabama · 1884
- Grady v. Ibach & Co.Supreme Court of Alabama · 1891
3Cited by7 opinions
- Alexander v. LetsonSupreme Court of Alabama · 1942
- Crabtree v. StreetSupreme Court of Alabama · 1918
- Davis v. ReedSupreme Court of Alabama · 1924
- Kay v. AdamsSupreme Court of Alabama · 1931
- First Nat. Bank of Russellville v. WelchSupreme Court of Alabama · 1930
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