Houston v. Hilton
Supreme Court of Alabama
Action to Recover Value of Lease-hold Interest in Land; Plea, Statute of Frauds. Appeal from Cleburne Circuit Court. Tried before Hon. W. L. Whitlock. This action was brought Aug. 14,1878, by J. C., T. P., A. B., W. W. andE. E. Hilton, against M. L. Pinson and J. W. Houston.
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Action to Recover Value of Lease-hold Interest in Land; Plea, Statute of Frauds. Appeal from Cleburne Circuit Court. Tried before Hon. W. L. Whitlock. This action was brought Aug. 14,1878, by J. C., T. P., A. B., W. W. andE. E. Hilton, against M. L. Pinson and J. W. Houston. The complaint contained a count on an account stated, and a second count in these words, “Plaintiffs claim of the defendants the further sum of four hundred dollars due on account stated, or verbal and written agreement, for a leasehold estate, for (describing the land), which promise was made by the defendants on or…
1Opinion of the CourtStone, J.
— Duplicity in a complaint, or in a plea, unless it be a plea in abatement, is not a ground of demurrer in this State. It could only be reached" by special demurrer at common law ; and as special demurrers are abolished by statute in this State, save, perhaps, as to dilatory pleadings, such irregularity in a complaint is harmless. — 2 Brick. Dig. 333, §§ 55, 56, et seq; Code of 1876, § 3005.
The testimony in this case tended to show that the Hiltons held a lease from Bell, commencing January 1st, 1874, to continue eleven years, on two half sections of land — E. § sec. 33, and W. J sec. 34. A…
2Cases cited8 opinions
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