Westbrook v. Fulton
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by E. K. Fulton, against J. C. West-brook, Samuel Torrey, and E. C. Mackey; and was commenced before a justice of the peace, on the 5th February, 1885. The complaint alleged that the plaintiff was seized and possessed, in February, 1883, of the land which he sought to recover; that the defendants entered as his tenants “until the 2d September, 1892; and said tenancy having…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by E. K. Fulton, against J. C. West-brook, Samuel Torrey, and E. C. Mackey; and was commenced before a justice of the peace, on the 5th February, 1885. The complaint alleged that the plaintiff was seized and possessed, in February, 1883, of the land which he sought to recover; that the defendants entered as his tenants “until the 2d September, 1892; and said tenancy having been forfeited, by a failure and refusal on the part of defendants to pay their lease, or royalty, as per contract of…
1Opinion of the CourtStone, C. J.
As we understand the testimony of the witness Hawkins, he, as the agent of Fulton, plaintiff below, had in his possession four copies of a notice, issued in Fulton’s name, three of which he served on the several defendants, and retained the fourth. The retained copy the witness produced on the trial. It bore date February 2d, 1885, and gave notice to each of the defendants that Fulton, their landlord, claimed a forfeiture of the leasehold interest, by reason that the defendants, his tenants, had failed to pay the rental and royalty therefor, according to the terms of the letting. This paper,…
2Cases cited3 opinions
- Dumas v. HunterSupreme Court of Alabama · 1857
- Hill v. TownsendSupreme Court of Alabama · 1881
- Ala. Great Southern Railroad v. RoebuckSupreme Court of Alabama · 1884
3Cited by10 opinions
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Louisville & Nashville Railroad v. PhilyawSupreme Court of Alabama · 1889
- Worth v. WorthWyoming Supreme Court · 1935
- De Michele v. London & Lancashire Fire InsuranceUtah Supreme Court · 1912
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