Dwine v. Brown
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the IIou. Nat. Cook. This action was brought by Lucinda Brown, against Edward Dwine, and was commenced on the 10th November, 1852. The complaint was as follows: “The complaint of Lucinda Brown showeth, that on the 9th October, 1851, one Edward Dwine executed a written lease, by which he leased from Maliuda Garner a certain house and lot in the city of Mobile, on the east side of Claiborne street, and between Monroe and…
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Appeal from the Circuit Court of Mobile. Tried before the IIou. Nat. Cook. This action was brought by Lucinda Brown, against Edward Dwine, and was commenced on the 10th November, 1852. The complaint was as follows: “The complaint of Lucinda Brown showeth, that on the 9th October, 1851, one Edward Dwine executed a written lease, by which he leased from Maliuda Garner a certain house and lot in the city of Mobile, on the east side of Claiborne street, and between Monroe and Eslava streets, from the first day of November, 1851, to the first day of November, 1852, for the sum of $240; that on the…
1Opinion of the Court
A. J. ’WALKER', O. J.
The complaint discloses, that the plaintiff is a purchaser from the defendant’s lessor pending the lease, and that the cause of the proceeding is the defendant’s holding over after the termination of the lease made by the plaintiff’s vendor. A purchaser from a lessor cannot maintain the action of unlawful detainer, on account of a mere holding over after the termination of the lease pending which the purchase was made. If such purchaser could maintain the action, the plaintiff’s title would necessarily become a subject of inquiry. The plaintiff, to maintain the action,…
2Cases cited6 opinions
- Russell v. DesplousSupreme Court of Alabama · 1856
- McKeen v. NelmsSupreme Court of Alabama · 1846
- Clark v. StringfellowSupreme Court of Alabama · 1842
- Dumas v. HunterSupreme Court of Alabama · 1854
- Tuttle v. ReynoldsSupreme Court of Vermont · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Pentz v. KuesterSupreme Court of Missouri · 1867
- Jordan v. SumnersSupreme Court of Alabama · 1930
- Cooper v. GambillSupreme Court of Alabama · 1906
- Greenwood v. BennettSupreme Court of Alabama · 1922
8 more not listed; retrieve them via the Exa API.