Deegan v. Neville
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Tried before the Hon. Thomas H. Smith. The bill in this case was filed on September 24, 1900, by the appellee, Henry Neville, against the appellants,. William Deegan, Michael Smith and John McAdory.
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Appeal from the Chancery Court of Mobile. Tried before the Hon. Thomas H. Smith. The bill in this case was filed on September 24, 1900, by the appellee, Henry Neville, against the appellants,. William Deegan, Michael Smith and John McAdory. It was averred in the bill, as amended, that the complainant was in possession of certain specifically described .lot and buildings and improvements thereon, in the city of Mobile, under a lease to him for a term of years that the defendant had, before and at the time of filing the bill, continuousuly and willfully trespassed upon said premises,…
1Opinion of the CourtTyson, J.
-This bill was filed to enjoin tbe continuance of certain alleged trespasses. It appears that the complainant has a mere chattel interest in the lands. His possession of the premises was for a term, which expired on the 1st day of November, 1900, and the alleged trespasses appear to have been committed -during the month of September preceding, by his landlord and his employees, the other defendants. Only thirty-seven days of his term remained between the date ■of the filing of the bill and the expiration of his possessory interest under his lease. The bill fails to disclose the nature and…
2Cases cited4 opinions
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Keller v. BullingtonSupreme Court of Alabama · 1893
- Hatcher v. HamptonSupreme Court of Georgia · 1849
- Ellsworth v. HaleSupreme Court of Arkansas · 1878
3Cited by12 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Tidwell v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1916
- H. H. Hitt Lumber Co. v. Cullman Property Co.Supreme Court of Alabama · 1914
- Christian Church v. SommerSupreme Court of Alabama · 1907
- Higgins & Courtney v. BlochSupreme Court of Alabama · 1927
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