Griffith v. Parmley
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Henry Chambeélain. This action was brought by Mrs. Maria L. Parmley, against George R. Griffith, to recover’ the sum of $500? alleged to be due for the rent of a house and lot in the city of Mobile, ior the term of one year, ending on the 31st October, 1860 j and was commenced on the 8th November, 3860. The defendant pleaded the general issue, set-off, tbe failure of the plaintiff to put the premises in tenantable…
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Appeal from the City Court of Mobile. Tried before the Hon. Henry Chambeélain. This action was brought by Mrs. Maria L. Parmley, against George R. Griffith, to recover’ the sum of $500? alleged to be due for the rent of a house and lot in the city of Mobile, ior the term of one year, ending on the 31st October, 1860 j and was commenced on the 8th November, 3860. The defendant pleaded the general issue, set-off, tbe failure of the plaintiff to put the premises in tenantable condition, that the contract of lease was rescinded by agreement between the parties, and that the plaintiff was not the…
1Opinion of the CourtStone, J.
In the case of Terry v. Ferguson, (8 Porter, 502,) this court said, that-to a “.declaration alleging a state of facts which shows that plaintiff accepted a lease of the defendant, and undertook to pay him rent, thefformer cannot object a want of. title in the latter.” — See, also, Perkins v. Governor, Minor, 352 ; Shelton v. Eslava, 6 Ala. 233; Bird v. Daniel, 9 Ala. 302.
In the present record, the testimony tends to show that the appellant accepted a lease from Mrs. Parmley, and that he was not disturbed or hindered in the enjoyment of the possession. Under the charge of the court, the jury…
2Cases cited2 opinions
- Terry v. FergusonSupreme Court of Alabama · 1839
- Bird v. DanielSupreme Court of Alabama · 1846
3Cited by1 opinion
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890