Davidson v. Ernest
Supreme Court of Alabama
Writ of error to the Circuit Court of Butler. This was an action of assumpsit at the suit of the defendant, against the plaintiff in error.
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Writ of error to the Circuit Court of Butler. This was an action of assumpsit at the suit of the defendant, against the plaintiff in error. Among other counts in the declaration, there is one which states, that the defendant on the first day of January, 1843, was indebted to the plaintiff in the sum of seventy-two dollars for the use and occupation of certain lands, &c., lying, &c., in the county of Butler, (which are particularly described,) with the appurtenances, &c., by the defendant at his request, and by the sufferance and permission of the plaintiff for a long time, viz: two years, &c.…
1Opinion of the CourtCollier, C. J.
— In Bell v. Ellis’s heirs, 1 Stewt. & P. Rep. 294, it appeared that the widow of a deceased owner of land married again, and her husband entered into a contract with a third person for the sale of the land, under which the purchaser took possession. The land being subsequently sold by the administrator of the estate of 'the first husband, and purchased by another person, who it did not appear had any interest in the estate, an action was brought by the heirs of the decedent, to recover rent for the use and occupation, against the purchaser, from the husband of the widow. The Court held, that…
2Cases cited2 opinions
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3Cited by13 opinions
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- Seabury v. Doe ex dem. StewartSupreme Court of Alabama · 1853
- Weaver v. JonesSupreme Court of Alabama · 1854
- Hutchinson v. DearingSupreme Court of Alabama · 1852
- Smith v. WoodingSupreme Court of Alabama · 1852
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