Steed v. Hinson
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Lion. John Moore. This action was brought by Mrs. Mary E. Steed (formerly Ray), against J. L. Hinson ; and was founded on the defendant’s written contract for the payment of rent, which was dated Nov. 14th, 1881, and in these words: “On or by tjre first day of October, 1882, I promise to pay M. E. Ray twelve hundred and fifty lbs. lint-cotton, to be packed in merchantable form, and delivered at Fort Deposit ; the…
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Appeal from the Circuit Court of Lowndes. Tried before the Lion. John Moore. This action was brought by Mrs. Mary E. Steed (formerly Ray), against J. L. Hinson ; and was founded on the defendant’s written contract for the payment of rent, which was dated Nov. 14th, 1881, and in these words: “On or by tjre first day of October, 1882, I promise to pay M. E. Ray twelve hundred and fifty lbs. lint-cotton, to be packed in merchantable form, and delivered at Fort Deposit ; the same being for rent of her entire plantation and premises near Mount Willing, Lowndes county, Alabama.” The defendant…
1Opinion of the CourtClopton, J.
— ■“ Rent is incident to the reversion ; and the lessor’s transfer of the reversion, though without the tenant’s attornment to the assignee, or any express mention of the rent, carries with it the rent falling due thereafter. The holder of the reversion may, indeed, sever the rent from the reversion ; but, unless it is specially severed, the rent follows the reversion as a part of the realty.” — English v. Key, 39 Ala. 113. Whether there may be a parol reservation of the rent, where the lessor absolutely conveys the reversion, and the grantee pays the full consideration otherwise, is a…
2Cases cited10 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- English v. KeySupreme Court of Alabama · 1863
- Stringfellow v. IvieSupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Burroughs v. PateSupreme Court of Alabama · 1909
- Ala. Gold Life Insurance v. OliverSupreme Court of Alabama · 1884
- Boatright v. FennellSupreme Court of Alabama · 1925
- Grabow v. McCracken Et Ux.Supreme Court of Oklahoma · 1909
3 more not listed; retrieve them via the Exa API.