Simmons v. Fielder & Sessions
Supreme Court of Alabama
Appeal from Circuit Court of Bullock. Tried before Hon. J. McCaleb Wiley. This is is an action for rent, commenced by attachment, in the names of the assignees of the landlord against the under-tenant of the lessees. The facts may be briefly stated as follows: In December, 1866, Briers, the owner of a tract of land in this State, rented the same to Scott & Sanders for one year, by contract in writing.
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Appeal from Circuit Court of Bullock. Tried before Hon. J. McCaleb Wiley. This is is an action for rent, commenced by attachment, in the names of the assignees of the landlord against the under-tenant of the lessees. The facts may be briefly stated as follows: In December, 1866, Briers, the owner of a tract of land in this State, rented the same to Scott & Sanders for one year, by contract in writing. And Scott & Sanders sub-let a part of the same land to Simmons, the appellant, who was the defendant in attachment in the court below. After this, and before the termination of the year for…
1Opinion of the CourtPeters, J.
At common law, the rights and liabilities; of landlord and tenant are not confined to the immediate parties to the contract of lease; but they attach to the persons to whom the estate may be transmitted or who may succeed to the possession of the premises, either as landlord or tenant. This rests upon the principle of the privity of estate, which is incident to the relation of landlord and tenant. It-is said that the land itself is the principal debtor, and the owner is the creditor, and the agreement to pay rent is a mere incident of this relation. The liability to pay rent, therefore,…
2Cases cited7 opinions
- Henley v. BushSupreme Court of Alabama · 1859
- Quackenboss v. ClarkeNew York Supreme Court · 1834
- Savings Bank of New-Haven v. Davis & CenterSupreme Court of Connecticut · 1830
- Van Rensselaer v. BonesteelNew York Supreme Court · 1855
- Givens v. EasleySupreme Court of Alabama · 1850
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3Cited by3 opinions
- Holman v. DeLinOregon Supreme Court · 1897
- Bancroft v. VizardSupreme Court of Alabama · 1919
- Lancaster v. HughesSupreme Court of Alabama · 1929