Terry v. Ferguson
Supreme Court of Alabama
Error to the Circuit court of Pickens. Assumpsit for rent of land. The defendant brought assumpsit against the plaintiff, in the Circuit court of Pickens, for the recovery of rent, which the second count in the declaration alleged that the plaintiff had assumed and promised to pay to the defendant, in consideration that he (as administrator of the estate of Bryant Ferguson, deceased,) had allowed him to occupy a parcel of land belonging to the estate of his intestate,…
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Error to the Circuit court of Pickens. Assumpsit for rent of land. The defendant brought assumpsit against the plaintiff, in the Circuit court of Pickens, for the recovery of rent, which the second count in the declaration alleged that the plaintiff had assumed and promised to pay to the defendant, in consideration that he (as administrator of the estate of Bryant Ferguson, deceased,) had allowed him to occupy a parcel of land belonging to the estate of his intestate, situate in the county of Pickens. The case was tried on the plea of non-assumpsit, and an issue on the plea of tender. In…
1Opinion of the CourtCollier, C. J.
— It is an old and well settled rule of law, that a tenant who has enjoyed the possession of land, without interruption, for the entire period of his lease, shall not be allowed to avoid the payment of rent, by showing that his landlord’s title was defective, or that he had no title—(See Perkins vs. the Governor, Minor’s Rep. 352.) So strict and unbending is the law in this respect, that'it has been often holden, that a purchaser of land cannot resist the payment of the purchase money, for defects in the vendor’s title, when he has taken possession, and remains in the qukt enjoyment of the…
2Cited by7 opinions
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Powell v. LabrySupreme Court of Alabama · 1923
- Evans v. HardyIndiana Supreme Court · 1881
- Murphy v. VaughanSupreme Court of Alabama · 1933
- Griffith v. ParmleySupreme Court of Alabama · 1862
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