Pugh v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. N. D. Denson. This was an action of unlawful detainer, brought by the appellee, Julia A. Davis, against the appellant, Bill Pugh. The facts of the case are sufficiently stated in the opinion. The appeal is prosecuted from a judgment in favor of the plaintiff.
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Appeal from the Circuit Court of Autauga. Tried before the Hon. N. D. Denson. This was an action of unlawful detainer, brought by the appellee, Julia A. Davis, against the appellant, Bill Pugh. The facts of the case are sufficiently stated in the opinion. The appeal is prosecuted from a judgment in favor of the plaintiff. A tenant can not dispute his landlord’s title; but he may show that the landlord’s title has expired, or that he, the tenant, has attorned to another holding a paramount title to his landlord. This' exception to the general rule is well established. — 2 Hermann on Estoppel,…
1Opinion of the CourtHaralson, J.
This was an action of unlawful detainer commenced before a justice of the peace to recover possession of lands, alleged to have been unlawfully withheld by a tenant from his landlord, after the termination of his possessory interest. Judgment was rendered against the defendant.
The cause was carried by appeal to the circuit court, where the defendant set up in his plea, as an answer and defense to plaintiff’s action, the foreclosure of a mortgage, which was executed by the plaintiff and her husband, on the lands described in the complaint, before the date of the contract of renting between the…
2Cases cited7 opinions
- Houston v. FarrisSupreme Court of Alabama · 1882
- American Freehold Land Mortgage Co. of London v. TurnerSupreme Court of Alabama · 1891
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Norwood v. Kirby's Adm'rSupreme Court of Alabama · 1881
- Womack v. PowersSupreme Court of Alabama · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Jordan v. SumnersSupreme Court of Alabama · 1930
- Hill v. HarrisSupreme Court of Alabama · 1913
- State Ex Rel. Hillman v. HutchinsSupreme Court of Florida · 1935
- Stewart v. JoinerSupreme Court of Alabama · 1958
2 more not listed; retrieve them via the Exa API.