Smith v. Gayle
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Tried before Hon. Henry D. Clayton. This was an action of trespass, commenced by the appellee, Amaranth L. Gayle, against the appellants, James Q. Smith and Thomas W. Armstrong, for a trespass upon and an ouster of appellee from certain lands in Lowndes county, Alabama. The complaint originally claimed damages for rents and profits of the lands mentioned, but was amended by striking therefrom all claim for such rents and profits.
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Appeal from Bullock Circuit Court. Tried before Hon. Henry D. Clayton. This was an action of trespass, commenced by the appellee, Amaranth L. Gayle, against the appellants, James Q. Smith and Thomas W. Armstrong, for a trespass upon and an ouster of appellee from certain lands in Lowndes county, Alabama. The complaint originally claimed damages for rents and profits of the lands mentioned, but was amended by striking therefrom all claim for such rents and profits. The defendants separately pleaded the general issue, and also a special plea, setting up “ that the trespass and grievanees…
1Opinion of the CourtBrickell, C. J.
Tbe rulings of tbe court on tbe demurrers to the pleas, and in tbe rejection of evidence, present tbe same questions — tbe operation and effect of the release given Harper by tbe appellee, and of tbe subsequent payment by Armstrong of the balance of tbe decree of tbe Court of Chancery for rents and profits during bis occupancy of tbe premises, before tbe assignment of dower to tbe appellee. When tbe ease was before this court at a former term, it Was decided tbe release to Harper did not operate as a bar to tbe action. Its effect was partial satisfaction only of tbe damages claimed; and tbe…
2Cited by4 opinions
- Battles v. Pierson Chevrolet, Inc.Supreme Court of Alabama · 1973
- Hunnicutt Lumber Co. v. Mobile & Ohio R. R.Alabama Court of Appeals · 1911
- Ex parte HubbardSupreme Court of Alabama · 1880
- Battles v. Pierson Chevrolet, Inc.Supreme Court of Alabama · 1973