Robertson v. Hayes
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by John Hayes, against William Robertson and Matt. Eulks, to recover the possession of a tract of land, particularly described in the complaint, with damages for its detention; and was commenced on the 15th January, 1887. The defendants pleaded not guilty, and issue was joined on that plea.
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by John Hayes, against William Robertson and Matt. Eulks, to recover the possession of a tract of land, particularly described in the complaint, with damages for its detention; and was commenced on the 15th January, 1887. The defendants pleaded not guilty, and issue was joined on that plea. On the trial, as the bill of exceptions shows, the plaintiff having proved title in himself by patent from the United States, dated May 4th, 1885, the defendants offered in evidence a written lease of the…
1Opinion of the CourtClopton, J.
— In defense of a statutory real action, brought by appellee, the appellant set up a lease of the land in controversy for the term of forty years, executed by the appellee August 9th, 1886. By agreement of counsel, the only question submitted for decision is, whether the lease at law is invalid in tofo, or only as to the excess of the term prescribed by the statute. The lessees were let into possession contemporaneously with the making of the lease.
Section 2190 qf the Code of 1876 declares: “No leasehold estate can be created for a longer term than twenty years.” . This section was first…
2Cases cited3 opinions
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- McGehee v. LindsaySupreme Court of Alabama · 1844
- Clark v. . BarnesNew York Court of Appeals · 1879
3Cited by17 opinions
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Fitzgerald v. WalkerSupreme Court of Arkansas · 1891
- Perry v. Missouri-Kansas Pipe Line Co.Court of Chancery of Delaware · 1937
- Mobile Electric Co. v. City of MobileSupreme Court of Alabama · 1918
- Dudley v. Collier & PinckardSupreme Court of Alabama · 1888
12 more not listed; retrieve them via the Exa API.