Robinson & Ledyard v. Holt
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. Jas. B. Dowdell. This action was brought by appellants, suing as partners, against P. S. Holt, their alleged tenant, to recover $100, rent for the year 1888; and was commenced by attachment, sued out on the 10th December, 1888, on the ground that a portion of the crop had been removed from the rented premises without the plaintiffs’ consent.
Read the full summary
Appeal from the Circuit Court of Macon. Tried before the Hon. Jas. B. Dowdell. This action was brought by appellants, suing as partners, against P. S. Holt, their alleged tenant, to recover $100, rent for the year 1888; and was commenced by attachment, sued out on the 10th December, 1888, on the ground that a portion of the crop had been removed from the rented premises without the plaintiffs’ consent. The defendant pleaded the general issue, and several special pleas denying the tenancy; and issue seems to have been joined on these several pleas without objection. On the trial it was proved,…
1Opinion of the CourtMcOLELLAN, J.
It is thoroughly well settled and familiar law, that a tenant can not disxmte the title of his landlord, while in possession under a lease, or while holding over after the expiration of his lease. — 1 Taylor Landlord & Ten. § 89; 2 11. §§ 705-707; Elliott v. Dycke, 78 Ala. 150; Wells v. Sheever, Ib. 142; GCrim v. Nelms, Ib. 604; Pope v. Harkins, *11716 Ala. 321; Houston v. McCurdy, 71 Ala. 570; s. c., 74 Ala. 162.
It is equally well settled, that a tenant for one year, “who holds over after the expiration of his term, without paying rent, or otherwise acknowledging a continuance of the tenantcy,…
2Cases cited8 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Houston v. FarrisSupreme Court of Alabama · 1882
- Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
- Elliott v. DyckeSupreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- Bain v. WellsSupreme Court of Alabama · 1894
- Maddox v. HobbieSupreme Court of Alabama · 1934
- Solomon v. RogersSupreme Court of Alabama · 1923
4 more not listed; retrieve them via the Exa API.