Shelton v. Doe ex dem. Eslava
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Ejectment by the defendant against the plaintiff in error.— Upon the trial, the plaintiff below offered in evidence, that the land sued for was parcel of a tract of land known as the De Lus-ser claim; that the father of the lessors of the plaintiff,in 1820, or 1824, caused it to be surveyed into lots, and that it was divided between the heirs of De Lusser, and the father of the lessors of the plaintiff.
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Error to the Circuit Court of Mobile. Ejectment by the defendant against the plaintiff in error.— Upon the trial, the plaintiff below offered in evidence, that the land sued for was parcel of a tract of land known as the De Lus-ser claim; that the father of the lessors of the plaintiff,in 1820, or 1824, caused it to be surveyed into lots, and that it was divided between the heirs of De Lusser, and the father of the lessors of the plaintiff. It wasfurther in evidence, that the land in the declaration mentioned, was allotted to one of the lessors •of the plaintiff, and was claimed in fee. The…
1Opinion of the CourtOrmond, J.
The charge moved for, assumes, that if the tenant does not disclaim the title of the landlord, during the tenantcy, he is not precluded from setting up an outstanding title after its expiration.
The rule, that the tenant cannot dispute the title of his landlord, continues as well after the tenantcy is at an end, as during its continuance. He cannot change the character of the ten-antcy, by his own acts, so as to enable him to hold against his landlord, who reposes under the security of the tenantcy, unless after disclaimer of the title of the landlord, he, with knowledge thereof, permits the…
2Cited by5 opinions
- Dothard v. DensonSupreme Court of Alabama · 1882
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Bishop v. Lalouette's HeirsSupreme Court of Alabama · 1880
- Cosgrove v. FranklinSupreme Court of Rhode Island · 1913