Burgess v. American Mortgage Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. J. W. Foster. On September 11, 1895, the appellee instituted this suit in the circuit court of Pike county by an attachment upon affidavit and bond.
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Appeal from the Circuit Court of Pike. Tried before the Hon. J. W. Foster. On September 11, 1895, the appellee instituted this suit in the circuit court of Pike county by an attachment upon affidavit and bond. At the succeeding term of the circuit court, the plaintiff filed the following complaint: “The plaintiff claims of the defendant the sum of one hundred and fifty dollars due by an account for the rent of land in Pike county, Alabama, known as the Burgess place, for the year 1895, with interest thereon from December 25th, 1895; that said rent was due plaintiff on, to-wit, Dec. 25th,…
1Opinion of the CourtHaralson, J.
1. The suit was by attachment, commenced by appellee against appellant. The character of the attachment, and upon what property levied, is not disclosed. The complaint contains two counts, the first of which alleged one hundred and fifty dollars to be “due by an account for the rent of land in Pike county, Alabama, known as the Burgess place, for the year 1895, with interest thereon from December 25th, 1895,” with additional averment “that said rent was due plaintiff, on, to-wit, Dec. 25, 1895.”
The defendant, if a mere trespasser, and if he occupied the land as such, could be made liable, if…
2Cases cited4 opinions
- Weaver v. JonesSupreme Court of Alabama · 1854
- Allen v. StateSupreme Court of Alabama · 1882
- Perry v. Danner & Co.Supreme Court of Alabama · 1883
- Grady v. Ibach & Co.Supreme Court of Alabama · 1891
3Cited by16 opinions
- Alabama Steel & Wire Co. v. ThompsonSupreme Court of Alabama · 1909
- Beal v. StateSupreme Court of Alabama · 1902
- Burnett v. GarrisonSupreme Court of Alabama · 1954
- Feore v. TrammelSupreme Court of Alabama · 1925
- Alabama Butane Gas Co. v. Tarrant Land Co.Supreme Court of Alabama · 1943
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