Otis v. McMillan & Sons
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. H. T. Toulmin. This action was brought by the appellees, suing as partners, against William Otis, and was commenced on the 22d December, 1877. The action was founded on a written lease executed by and between J. F. Jewett, as lessor, and said Otis as lessee; the plaintiffs claiming as the assignees of Jewett, and seeking to recover the rents which, by the terms of the lease, accrued by quarterly installments,…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. H. T. Toulmin. This action was brought by the appellees, suing as partners, against William Otis, and was commenced on the 22d December, 1877. The action was founded on a written lease executed by and between J. F. Jewett, as lessor, and said Otis as lessee; the plaintiffs claiming as the assignees of Jewett, and seeking to recover the rents which, by the terms of the lease, accrued by quarterly installments, between the 1st September, 1876, and the 1st December, 1877. Under the instructions of the court, the plaintiffs had a…
1Opinion of the CourtStone, J.
The title to the lot, for the rent of which this suit was brought, was originally in Jewett. On the 20th May, 1859, Jewett, in consideration of five hundred dollars, payable in quarterly installments, leased the premises to Otis, for the term of one year, to commence June 1st, 1859, “with the privilege, on the part of said Otis, of renting said land, mill and improvements, from year to year afterwards for the space of ten years, at the annual rent of one thousand dollars, payable in quarterly installments as above; upon which terms the lease of said premises shall be annually renewed to said…
2Cases cited18 opinions
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- English v. KeySupreme Court of Alabama · 1863
- Childress v. MonetteSupreme Court of Alabama · 1875
- Spoor v. PhillipsSupreme Court of Alabama · 1855
13 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
- American Freehold Land Mortgage Co. of London v. TurnerSupreme Court of Alabama · 1891
31 more not listed; retrieve them via the Exa API.