Jackson v. King
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. ■ Tried, before the Hou. James'Aiken. This action was brought by Thomas J. King and others, children and heirs of Andrew King, deceased, against James L. Jackson, and:was commenced on the 13th'January, 1886. The complaint contained but a single count, which claimed $2,000 “for the use and occupation by the defendant of the following lands belonging to the plaintiffs,” describing then, “from the 1st January, 1879, to the 1st January,…
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Appeal from the Circuit Court of Marshall. ■ Tried, before the Hou. James'Aiken. This action was brought by Thomas J. King and others, children and heirs of Andrew King, deceased, against James L. Jackson, and:was commenced on the 13th'January, 1886. The complaint contained but a single count, which claimed $2,000 “for the use and occupation by the defendant of the following lands belonging to the plaintiffs,” describing then, “from the 1st January, 1879, to the 1st January, 1886.” The cause was tried, as the bill of exception states, “ on issue joined on the plea of non assumpsit-” 'and on…
1Opinion of the CourtStone, C. J.
— The account required to be taken and adjusted in this case is complicated, and necessarily involves the consideration of questions more or less equitable in their nature. We do not think it possible for a court of law to do justice between the parties. Only a chancery court can properly adjust the matters of account, as they must present themselves under the letting shown in this record.— Vincent v. Rogers, 30 Ala. 471; Farris v. Houston, 78 Ala. 250. For the reason stated, without reference to the relative rights of the parties, or to the true state of the account, the jury should have…
2Cases cited3 opinions
- Vincent v. RogersSupreme Court of Alabama · 1857
- Farris v. HoustonSupreme Court of Alabama · 1884
- Carlisle v. WattsSupreme Court of Alabama · 1885
3Cited by23 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Petrie v. TorrentMichigan Supreme Court · 1891
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Markstein v. SchilleciSupreme Court of Alabama · 1952
- Webb v. GriffinSupreme Court of Alabama · 1942
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