McClendon v. Equitable Mortgage Co.
Supreme Court of Alabama
Appeal from the Gadsden City Court. Tried before the IIon. John H. Disqhe. This was a common law action of ejectment, brought by the appellee, the Equitable .Mortgage Company, against the appellants, James McClendon and Jonathan Hazel. In the complaint, the demises were laid in the Equitable Mortgage Company and the Equitable Security Company.
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Appeal from the Gadsden City Court. Tried before the IIon. John H. Disqhe. This was a common law action of ejectment, brought by the appellee, the Equitable .Mortgage Company, against the appellants, James McClendon and Jonathan Hazel. In the complaint, the demises were laid in the Equitable Mortgage Company and the Equitable Security Company. The defendant Hazel filed a motion in which he asked that the defendant, McClendon, who was his landlord, be made the sole party defendant. Objection being made by the plaintiff, this motion was overruled. The defendant McClendon filed the plea of not…
1Opinion of the CourtTyson, J.
— -This Avas a real action of ejectment in AAdiich appellees were plaintiffs, and appellants, James McClendon and Jonathan Hazel, Avere defendants. The only error assigned by Hazel Avas the refusal of the court, upon objection of plaintiffs, to grant his motion that McClendon, his co-defendant, ayIio Avas his landlord, be made sole party defendant. The evident object of this motion Avas to secure his discharge from any further proceedings in the cause, thereby relieving him of any liability to plaintiffs for rent in arrears at the commencement of the suit and such as might accrue during the…
2Cases cited7 opinions
- Pickens v. StateSupreme Court of Alabama · 1896
- Bynum v. GoldSupreme Court of Alabama · 1894
- Lewis v. WatsonSupreme Court of Alabama · 1893
- DeGraffenried v. ClarkSupreme Court of Alabama · 1883
- Richardson v. StephensSupreme Court of Alabama · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Loyd v. OatesSupreme Court of Alabama · 1904
- First Nat. Bank of Opp v. BolesSupreme Court of Alabama · 1936
- Metropolitan Life Ins. Co. v. EstesSupreme Court of Alabama · 1934
- State Bank of Elberta v. PetersonSupreme Court of Alabama · 1932
- Ex Parte MasonSupreme Court of Alabama · 1925
6 more not listed; retrieve them via the Exa API.