Tyson v. Chestnut
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. E. W. Pettits, Special Judge. This was an action brought by the appellee, J. C. Chestnut, against the appellant, M. M. Tyson, to recover damages for t'he breach of a contract of lease, entered into by the plaintiff with the defendant, by which lease M. M. Tyson, as guardian of S. L. Tyson, rented to J. C. Chestnut a tract of land situated in Lowndes' county, Alabama, known as the Ewing place, for four. years,…
Read the full summary
Appeal from the Circuit Court of Lowndes. Tried before the Hon. E. W. Pettits, Special Judge. This was an action brought by the appellee, J. C. Chestnut, against the appellant, M. M. Tyson, to recover damages for t'he breach of a contract of lease, entered into by the plaintiff with the defendant, by which lease M. M. Tyson, as guardian of S. L. Tyson, rented to J. C. Chestnut a tract of land situated in Lowndes' county, Alabama, known as the Ewing place, for four. years, to-wit, 1890, 1891, 1892, 1893; said Chestnut executing at the time of the lease his four notes for the annual rent. In…
1Opinion of the CourtMcCLELLAN, J.
We entertain no doubt that the redemption of the land of which the plaintiff, Chestnut, was lessee from S. L. Tyson, a minor, who purchased at the sale foreclosing the mortgage, was efficaciously effected by the payment of the purchase money, with ten per cent, per annum thereon, and all other lawful charges to Mrs. M. M. Tyson, the guardian of his estate and person. The statutory provision is this: “The debtor must also pay or tender to the purchaser or his vendee the purchase money, with ten per cent per annum thereon, and all other lawful charges; and such payment or tender has the effect…
2Cases cited5 opinions
- Chestnut v. TysonSupreme Court of Alabama · 1894
- Snodgrass v. ReynoldsSupreme Court of Alabama · 1885
- Couthway v. BerghausSupreme Court of Alabama · 1854
- Marvin v. SchillingMichigan Supreme Court · 1864
- Gardner v. LanfordSupreme Court of Alabama · 1888
3Cited by18 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Nunnally Co. v. Bromberg & Co.Supreme Court of Alabama · 1928
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
- Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
- Bates v. General Steel Tank Co.Alabama Court of Appeals · 1951
13 more not listed; retrieve them via the Exa API.