Paint Rock Turf, LLC v. First Jackson Bank

I concur with the main opinion. I write separately to question whether resolution of the question raised by the assertion by *997Paint Rock Turf, LLC, that Paint Rock is entitled to the sod emblements turns not, at least not per se, on whether Paint Rock’s interest in the land in the context of a bankruptcy stay should be considered a tenancy at will or a tenancy at sufferance, but instead on the issue of fault. First, there is some Alabama authority that the doctrine of emblements applies both to tenants at will and to tenants at sufferance. See First Nat’l Bank v. Federal Land Bank of New…