Wise v. Falkner
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before tbe Hon. J. McCaleb Wiley. This action was brought by Herrin Wise against Elijah Falkner, and was commenced on the 6th May, 1867. The complaint contained three counts: the first claiming $825, “ due from said defendant by account on the 1st day of January, 1862, on an account stated between plaintiff and defendant on the 10th January, 1861, fox the rent of plaintiff’s saw and grist mill for and during the year 1861, at…
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Appeal from the Circuit Court of Coffee. Tried before tbe Hon. J. McCaleb Wiley. This action was brought by Herrin Wise against Elijah Falkner, and was commenced on the 6th May, 1867. The complaint contained three counts: the first claiming $825, “ due from said defendant by account on the 1st day of January, 1862, on an account stated between plaintiff and defendant on the 10th January, 1861, fox the rent of plaintiff’s saw and grist mill for and during the year 1861, at the defendant’s instance and request; ” the second, the same sum “ due by account on the 1st January, 1862, for the rent…
1Opinion of the CourtBrickell, J.
The several'counts of the complaint are framed to recover rent for the use and occupation of lands demised by the plaintiff to the defendant. On the trial, there was evidence tending to show that the defendant entered into the occupancy of the lands, under a contract of renting for a year, made with one Curry. During the term, Curry sold and conveyed the premises to the plaintiff, the rent not being due and payable until the expiration of the term; There was also evidence tending to show that, after the sale and conveyance to the plaintiff, the defendant, having notice thereof, attorned to…
2Cases cited4 opinions
- English v. KeySupreme Court of Alabama · 1863
- Hollingsworth v. MartinSupreme Court of Alabama · 1853
- Ponder v. ScottSupreme Court of Alabama · 1870
- Wise v. FalknerSupreme Court of Alabama · 1871
3Cited by3 opinions
- Green v. StateSupreme Court of Alabama · 1892
- Rhodes v. DowningAlabama Court of Appeals · 1915
- McCall v. MorganSupreme Court of Alabama · 1943