Peoples Bank & Trust Co. v. Tissier Hardware Co.
Supreme Court of Alabama
Appeal from Selma City Court. Heard before Horn J. W. Mabry. Ejectment by the People’s Bank & Trust Company against the Tissier Hardware Company. Judgment for defendant, and plaintiff appeals. A. L. McLeod, and J. L. Satterfield, for appellant. Under the lease it is not the option that is subject; to a sale of the property, but it is the number of terms the lessee can hold, if the lessee should choose to exercise its option at the expiration of the lease.
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Appeal from Selma City Court. Heard before Horn J. W. Mabry. Ejectment by the People’s Bank & Trust Company against the Tissier Hardware Company. Judgment for defendant, and plaintiff appeals. A. L. McLeod, and J. L. Satterfield, for appellant. Under the lease it is not the option that is subject; to a sale of the property, but it is the number of terms the lessee can hold, if the lessee should choose to exercise its option at the expiration of the lease. If the lessee had .failed to exercise the option at the time and in the manner provided it could not have exercised it at all, except by…
1Opinion of the CourtHaralson, J.
For a statement of the facts of the case, as to which there is no conflict, we adopt as very fair and full, the statement of the attorneys for the plaintiff, the appellant.
The action was one in the nature of an action of ejectment, to recover a storehouse and lot in Selma. The property belonged to one Billingslea in his lifetime, who died in 1896, leaving a will, and the property then passed into the hands of L. J. Haley, Jr., his executor and trustee.
On the 2d of April, 1900, said Haley, as executor and trustee, and Mrs. M. G. Hendon, one of the legatees under the will, executed a lease of…
2Cases cited1 opinion
- Bacon v. GrossmannAppellate Division of the Supreme Court of the State of New York · 1902
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- Greenwood v. BennettSupreme Court of Alabama · 1922
- Feidelson v. Piggly Wiggly Alabama Co.Supreme Court of Alabama · 1930