Legal Opinion · Concurrence

Moriarty v. Dziak

Supreme Court of Alabama

Decided July 1, 1983No. 82-13Published

1Concurrence

I agree with the statements of law in the principal opinion respecting the right of the landlord, under the terms of the lease agreement here, to peaceably re-enter the premises upon breach of covenants by the tenant. While we hold that the defendant's initial action in re-entering the property and taking possession of the tenant's furniture temporarily as an incident thereto does not amount to a conversion, the question arises as to whether the landlord's continued possession amounted to a conversion of the tenant's property.

It appears to be the rule that

"[a] demand in an action of trover…

2Cases cited5 opinions

  1. Bon Secour Fisheries, Inc. v. BarrentineSupreme Court of Alabama · 1981
  2. Gray v. WALA-TVSupreme Court of Alabama · 1980
  3. Dixie v. HarrisonSupreme Court of Alabama · 1909
  4. Kemp's Wrecker Service v. Grassland Sod Co., Inc.Court of Civil Appeals of Alabama · 1981
  5. Sellers v. Doctors Medical CenterCourt of Civil Appeals of Alabama · 1981

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