Tennessee C. I. & R. R. v. Pratt Consolidated Coal Co.
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Ray. Action by the Pratt Consolidated Coal Company against the Tennessee C. I. & R. R. Co., in unlawful detainer. Judgment sustaining demurrer to a plea setting-up a lease and judgment thereon for plaintiff, defendant appeals.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Ray. Action by the Pratt Consolidated Coal Company against the Tennessee C. I. & R. R. Co., in unlawful detainer. Judgment sustaining demurrer to a plea setting-up a lease and judgment thereon for plaintiff, defendant appeals. The additional term granted by the lease does not ipso facto tie the lands up in a lease for a term longer than twenty years, since it is left to some affirmative action on the part of the lessee. — Hart v. Hart, 22 Barb. 606. A covenant or agreement to extend the terms of a lease for a time specified is not a…
1Opinion of the CourtSimpson, J.
This is an action of unlawful detainer, brought by the appellee against the appellant. The contention of the plaintiff is based upon the fact that, a lease made March 2, 1888, for a period of 20 years, having expired, and defendant refusing to give possession, the plaintiff is entitled to bring this suit. The plea of the defendant sets up the facts that said lease contained the following provision, to-wit: “This said instrument of lease to remain in full force, effect, and virtue for and during the full period of 20 years, and with the privilege, hereby given, granted, and allowed to the…
2Cases cited3 opinions
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