Elliott v. Round Mountain Coal & Iron Co.
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hon. JoiiN B. Tally. This was an action of unlawful detainer, brought by appellee against the appellant. The defendant had rented of the plaintiff the premises in controversy for a term begining January 1st., 1886, and ending on January 1st 1891, under which lease the defendant went into possession.
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Appeal from Cherokee Circuit Court. Tried before Hon. JoiiN B. Tally. This was an action of unlawful detainer, brought by appellee against the appellant. The defendant had rented of the plaintiff the premises in controversy for a term begining January 1st., 1886, and ending on January 1st 1891, under which lease the defendant went into possession. The action was begun in a magistrate’s court on November 7th 1891. The opinion sets out such parts of this lease as are necessary to be shown. On its margin was an endorsement dated January 6th 1891, by which the parties mutually agreed to cancel…
1Opinion of the CourtMcCLELLAN, J.
Under the rule declared in Pearce v. Clements, 73 Ala. 256, and reaffirmed in Moore, Marsh & Co. v. Penn & Co., 95 Ala. 200 ; Kyle & Elliott v. Gadsden Land & Improvement Co., 96 Ala. 376, and other cases, the motion of appellee to strike from the bill of exceptions the demand in writing for the possession of the premises sued for and also the letter written by W. C. Sibley, as president of the Eound Mountain Coal &Iron Co., on April 3d, 1890, must be granted. These papers were not copied into the bill of exceptions before it was signed by the presiding judge, but blanks were left therein in…
2Cases cited3 opinions
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Moore, Marsh & Co. v. Penn & Co.Supreme Court of Alabama · 1891
- Kyle v. Gadsden Land & Improvement Co.Supreme Court of Alabama · 1892
3Cited by5 opinions
- Cleveland Oil Co. v. Norwich Ins. SocietyOregon Supreme Court · 1898
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Jones v. WhiteSupreme Court of Alabama · 1914
- Johnston Bros. Co. v. WashburnAlabama Court of Appeals · 1917
- Bley v. LewisSupreme Court of Alabama · 1914