Powell v. New England Mortgage Security Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. Virginia D. Powell, a married woman, against the New England Mortgage Security Company, to recover for the use and occupation by the defendant of a tract of land containing 400 acres, from the 1st January, 1888, to October 16th, 1889,'on which last day the action was commenced.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. Virginia D. Powell, a married woman, against the New England Mortgage Security Company, to recover for the use and occupation by the defendant of a tract of land containing 400 acres, from the 1st January, 1888, to October 16th, 1889,'on which last day the action was commenced. On the trial, the facts were admitted and agreed on, as.follows; On the 17th March, 1881, plaintiff and her husband executed to the defendant a mortgage on said tract of land, which belonged to her…
1Opinion of the CourtClopton, J.
By the statute, an action to recover satisfaction for the use and occupation of land, is authorized only in three classes of cases: first, “when there has been a demise by deed, or by parol, and no specific sum agreed on as rent”; second, “when the tenant has been let into possession upon a supposed sale of the lands, which, from the act of the defendant, has not been consummated”; and, third, “when the tenant remains on the land by the sufferance of the owner.” — Code, § 27.15. The conventional relation of landlord and tenant, or an entry into possession and occupancy by permission of the…
2Cases cited2 opinions
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Stringfellow v. Curry & Co.Supreme Court of Alabama · 1884
3Cited by6 opinions
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Crabtree v. StreetSupreme Court of Alabama · 1917
- Davis v. ReedSupreme Court of Alabama · 1924
- Grady v. Ibach & Co.Supreme Court of Alabama · 1891
- Jones v. ScottSupreme Court of Alabama · 1947
1 more not listed; retrieve them via the Exa API.