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