Miller v. Bonsadon
Supreme Court of Alabama
Writ of Error to the County Court of Mobile. Action by Bonsadon against Miller, for an unlawful detainer. Judgment was given by the justice of the peace against the defendant, who removed the cause to the County Court by certiorari, where it was agreed the petition for the certiorari should be taken also as a bill of exceptions, allowed by the justice trying'the cause, and upon it errors are assigned.
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Writ of Error to the County Court of Mobile. Action by Bonsadon against Miller, for an unlawful detainer. Judgment was given by the justice of the peace against the defendant, who removed the cause to the County Court by certiorari, where it was agreed the petition for the certiorari should be taken also as a bill of exceptions, allowed by the justice trying'the cause, and upon it errors are assigned. The matters of exception, and the facts of the case may be thus stated: Bonsadon produced a lease, executed by Miller, on the 26th September, 1843, by which he agrees to lease the premises in…
1Opinion of the CourtGoldthwaite, J.
The facts of this case may be very briefly stated, and are these : Hunt and James recov*319erecl a judgment in. ejectment in 1841, against the casual, ejector, Miller being the tenant in possession. After the recovery, to avoid being turned out, he admitted the title of Hunt and James, occupied the premises under them, and paid rent as their tenant. Subsequently to this, in 1843, for some cause, which is unexplained, he takes a lease from Bonsadon,' and the question is, whether he can now dispute that title, or set up the one in Hunt and James to prevent Bonsadon from entering. We are clear that…
2Cases cited1 opinion
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
3Cited by2 opinions
- Starke v. KenanSupreme Court of Alabama · 1847
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909