Rainey v. Capps
Supreme Court of Alabama
Error to tbe Circuit Court of Dallas. Tried before the lion. Robt. Dougherty. Rainey commenced a proceeding under tbe statute for unlawful detainer, against Capps, before a justice of the peace. On tbe trial, a judgment was rendered for tbe defendant, from which the plaintiff appealed to the Circuit Court.
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Error to tbe Circuit Court of Dallas. Tried before the lion. Robt. Dougherty. Rainey commenced a proceeding under tbe statute for unlawful detainer, against Capps, before a justice of the peace. On tbe trial, a judgment was rendered for tbe defendant, from which the plaintiff appealed to the Circuit Court. On the trial in that court, as appears by tbe bill of exceptions, it was proved that the land in controversy was possessed by one Jaclcson for several years, wbo sold it to plaintiff and one McElroy, and delivered to them tbe possession; that while plaintiff and McElroy were so possessed,…
1Opinion of the CourtLigon, J.
The second affirmative charge of the court below forms the subject of the first assignment of error.
That charge in effect affirms, that the relation of landlord and tenant may be presumed from the conduct of the parties in reference to each other, and in respect to the lands which are the subject of the rent; and that if the facts of the case are such, in the estimation of the jury, as to exclude every other reasonable hypothesis, then the law will imply that the relation of landlord and tenant does, in fact, exist.
We do not think there is any error in this charge, when it is taken, as it…
2Cited by20 opinions
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
- Robinson v. AllisonSupreme Court of Alabama · 1892
- Herren v. BeckSupreme Court of Alabama · 1935
- Eddins v. Galloway Coal Co.Supreme Court of Alabama · 1921
- Crim v. NelmsSupreme Court of Alabama · 1885
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