Chestnut v. Tyson
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought on February 25, 1890, by J. C. Chestnut against M. M. Tyson, to recover damages for the alleged breach of a covenant for quiet enjoyment contained in a lease of a plantation by the defendant, Tyson, to the plaintiff, Chestnut.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought on February 25, 1890, by J. C. Chestnut against M. M. Tyson, to recover damages for the alleged breach of a covenant for quiet enjoyment contained in a lease of a plantation by the defendant, Tyson, to the plaintiff, Chestnut. The complaint, as originally filed, was in words and figures as follows : ‘ ‘ The plaintiff claims of the defendant four thousand ($4,000.) dollars damages for the breach of the provisions of a contract on the part of the defendant, made and entered into by and between…
1Opinion of the CourtMcCLELLAN, J.
This action is prosecuted by Chestnut against M. M. Tyson on a covenant for quiet enjoyment contained in a lease of a plantation by said Tyson to said Chestnut. The lease is in the following words : “This indenture made this the 9th day of November, 1889, between M. M. Tyson, guardian of S. L. Tyson, of the first part and J. C. Chestnut of the second part, witnesseth : that said M. M. Tyson does hereby lease and release unto the said J. C. Chestnut for a term of four (4) years from (beginning January 1st, 1890, ending January 1st, 1894) the plantation in Lowndes county, Alabama, known as the…
2Cases cited17 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Bever v. NorthIndiana Supreme Court · 1886
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3Cited by21 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Wiggins v. Pender.Supreme Court of North Carolina · 1903
- Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1922
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Tyson v. ChestnutSupreme Court of Alabama · 1897
16 more not listed; retrieve them via the Exa API.