Coker v. Pearsall
Supreme Court of Alabama
Error to the Circuit Court of Franklin. Debt on promissory note, by the defendant against the plaintiff in error. ' ■ ' The defendant pleaded nil debit and payment, and a special plea, that the note sued on was given for the rent of certain lands in Franklin county, for the- year 1840; which lands had been previously, to. wit: in 1836, conveyed by deed'of mortgage, by John L. McRae, to one S. R. Cockrell; and afterwards, on the 11th January, 1840, the said ‘McRae conveyed by…
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Error to the Circuit Court of Franklin. Debt on promissory note, by the defendant against the plaintiff in error. ' ■ ' The defendant pleaded nil debit and payment, and a special plea, that the note sued on was given for the rent of certain lands in Franklin county, for the- year 1840; which lands had been previously, to. wit: in 1836, conveyed by deed'of mortgage, by John L. McRae, to one S. R. Cockrell; and afterwards, on the 11th January, 1840, the said ‘McRae conveyed by deed the equity of redemption to the plaintiff. That after forfeiture of the aforesaid mortgage, and whilst it was in…
1Opinion of the CourtOrmond, J.
Upon the forfeiture of the mortgage, Cock-rell, the mortgagee, became entitled, to the possession of the mortgaged premises; and upon notice to the tenant, the latter became responsible 'to him, not only for the rent falling clue subsequently, bpt for thé rent then in arrear. [See Moss v. Gallimore, Douglass, 266, where the doctrine, and the reason upon which it is founded, are stated at large. To the same,effect is Mansony & Hirtel v. The U. S. Bank, 4 Ala. 746; and Chambers v. Mauldin, id. 477.]
The plea does not, it is true, expressly allege notice to the tenant» but it does allege that the…
2Cases cited1 opinion
- Mansony v. United States BankSupreme Court of Alabama · 1843
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