Tubb v. Fort
Supreme Court of Alabama
Aepdal from Perry Chancery Court. Heard before Hon. Charles TURNER. The appellee, Sarah J. Martin, who, after the institution of the suit, intermarried with one Port,.filed this bill against Tubb, Jeffries, and certain persons composing the firm of Morey, Watson & Dunlap, to recover certain rents.
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Aepdal from Perry Chancery Court. Heard before Hon. Charles TURNER. The appellee, Sarah J. Martin, who, after the institution of the suit, intermarried with one Port,.filed this bill against Tubb, Jeffries, and certain persons composing the firm of Morey, Watson & Dunlap, to recover certain rents. The case made by the bill, answers and testimony, may be thus stated: The lands belonged, originally, to appellee’s husband, who sold them to Jeffries, giving him bond to convey title on payment of purchase-money, and putting him in possession in the year 1883. Martin brought ejectment against…
1Opinion of the CourtBriokell, C. J.
There can be no proposition more firmly established in the law, than that rent is an incident to the reversion; and that whoever is entitled to the reversion, at the time the rent becomes payable, is of right entitled to it, unless it is reserved from the grant, or has been previously severed. — Pope v. Harkins, 16 Ala. 323; English v. Key, 39 Ala. 113; Bank of Pennsylvania v. Wise, 3 Watts, 394. It is not material whether the assignment of the reversion is by the act of the lessor, or by operation of law, the rent passes to the assignee. The principle is thus stated in 2 Coke, (Butler &…
2Cases cited11 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Tyler v. MagwireSupreme Court of the United States · 1873
- Center v. P. & M. BankSupreme Court of Alabama · 1853
- English v. KeySupreme Court of Alabama · 1863
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Corey v. ShermanSupreme Court of Iowa · 1895
- Coffey v. HuntSupreme Court of Alabama · 1883
- Union Indemnity Co. v. State Ex Rel. R. S. Armstrong & Bro.Supreme Court of Alabama · 1928
- Penny v. British & American Mortgage Co.Supreme Court of Alabama · 1901
14 more not listed; retrieve them via the Exa API.