Legal Opinion

Brooks v. Rogers

Supreme Court of Alabama

Decided November 15, 1892PublishedCited by 9 opinions

Appeal from Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. Tbis was a statutory action of ejectment, brought by the appellee, Charlotte Thompson Rogers, against the appellant, to recover certain specifically described lands, and was commenced December 7, 1891. The principal facts of the case are sufficiently stated in the opinion.

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Appeal from Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. Tbis was a statutory action of ejectment, brought by the appellee, Charlotte Thompson Rogers, against the appellant, to recover certain specifically described lands, and was commenced December 7, 1891. The principal facts of the case are sufficiently stated in the opinion. Subsequent to the alleged breach of the contract of lease, the plaintiff, together with her husband, entered into a contract with the defendant on January 22,1891, by which they agreed to credit certain amounts upon the rent notes to be due for…

1Opinion of the CourtColeman, J.

The suit is the statutory action of ejectment. The plaintiff in the court below, Charlotte Thompson Rogers, leased her plantation to defendant Brooks for a term of five years, to begin on the first day of January, 1889. The consideration of the lease was the annual payment of eleven hundred dollars, “to be paid on the first day of October of each year during the continuance of the lease;” and the consideration was further evidenced by the execution of five several promissory notes, in accordance with the stipulation in the lease contract. The lessee covenanted to keep the ditches, drains,…

2Cases cited4 opinions

  1. Stuyvesant v. DavisNew York Court of Chancery · 1842
  2. Bleecker v. SmithNew York Supreme Court · 1835
  3. Jackson ex dem. Blanchard v. AllenNew York Supreme Court · 1824
  4. Dahm v. Barlow & Co.Supreme Court of Alabama · 1890

3Cited by9 opinions

  1. City Garage & Sales Co. v. BallengerSupreme Court of Alabama · 1926
  2. Bowling v. CrookSupreme Court of Alabama · 1893
  3. Kennedy v. SorsbySupreme Court of Alabama · 1923
  4. Woollard v. Schaffer Stores Co.Appellate Division of the Supreme Court of the State of New York · 1936
  5. Attalla Mining & Manufacturing Co. v. WinchesterSupreme Court of Alabama · 1893

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