Rowe v. Baber
Supreme Court of Alabama
Aotion on Note given for Rent. Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy E. Box. This action ivas brought by S. P. Baber, as administrator de bonis non of the estate of IT.
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Aotion on Note given for Rent. Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy E. Box. This action ivas brought by S. P. Baber, as administrator de bonis non of the estate of IT. Hatfield, deceased, against J. L. Rowe and others; and was founded on the defendants’ promissory note under seal, for $80, which was payable to E. B. Hatfield, the former administrator, and was given for the rent of land during the year 1888 by said former administrator to said J. L. Rowe. The defendants pleaded the general issue, set-off, and a special plea of recoupment, claiming damages on…
1Opinion of the CourtColeman, J.
— Appellee, who was plaintiff in the trial court, sued defendant upon a rent obligation. Defendant’s plea No. 3 presents the question raised by the two charges given at the request of plaintiff, to which exceptions were reserved, and which are matters to be considered under the assignments of error. The plea states that, “in consideration of the rent to be paid, plaintiff agreed to fence the land, so as to secure the crop from stock, and agreed, also, to repair the buildings, and that plaintiff failed and neglected to fence the lands, and by reason of the failure to fence the lands, stock or…
2Cases cited11 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Thompson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
- Pollak v. SearcySupreme Court of Alabama · 1887
- McWilliams v. PhillipsSupreme Court of Alabama · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Coghill v. KennedySupreme Court of Alabama · 1898
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Torrey v. BurneySupreme Court of Alabama · 1896
- Hart v. ColemanSupreme Court of Alabama · 1917
16 more not listed; retrieve them via the Exa API.