Farris & McCurdy v. Houston
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before Hon. John P. ITujbbard. This action was brought by Mrs. Mary J. Houston, against T. L. Farris and W. D. McCurdy as partners, and was commenced on the 14th November, 1881. The complaint contained five counts, the third and fourth of which claimed damages for the breach of a written agreement, by which defendants bound themselves to erect certain improvements on lands rented to them by the plaintiff; and no recovery was…
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Appeal from the Circuit Court of Montgomery. Tried before Hon. John P. ITujbbard. This action was brought by Mrs. Mary J. Houston, against T. L. Farris and W. D. McCurdy as partners, and was commenced on the 14th November, 1881. The complaint contained five counts, the third and fourth of which claimed damages for the breach of a written agreement, by which defendants bound themselves to erect certain improvements on lands rented to them by the plaintiff; and no recovery was claimed under them. The first count claimed $3,000 as damages, for that whereas, on the 18th December, 1879, plaintiff…
1Opinion of the CourtBrickell, C. J.
— The rule is well settled, and is not questioned, that a tenant can not dispute the title of his landlord, nor set up a paramount title in himself, or in a stranger, to defeat any action the landlord may institute for the recovery of rent, or, when the term has expired, to regain possession of the premises. There are various exceptions to, and qualifications of the rule, which are of as much importance as the rule itself, and which must be observed in the administration of'justice between landlord and tenant. A plain mistake of facts constitutes one of the exceptions. The tenant may show…
2Cases cited10 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Houston v. FarrisSupreme Court of Alabama · 1882
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Randolph v. CarltonSupreme Court of Alabama · 1845
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bank of New Brockton v. DunnavantSupreme Court of Alabama · 1920
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Buchmann v. CallahanSupreme Court of Alabama · 1930
25 more not listed; retrieve them via the Exa API.