Waring v. Louisville & Nashville R.
United States Circuit Court
This is an action of ejectment brought by the plaintiffs, Moses Waring and Virginia E. Mitchell, against the Louisville & Nashville Railroad Company, to recover the possession of a triangular lot of ground near the foot of Theatre street, in the city of Mobile, and damages for its detention. A jury has been waived by written stipulation, and the >ease submitted to the court.
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This is an action of ejectment brought by the plaintiffs, Moses Waring and Virginia E. Mitchell, against the Louisville & Nashville Railroad Company, to recover the possession of a triangular lot of ground near the foot of Theatre street, in the city of Mobile, and damages for its detention. A jury has been waived by written stipulation, and the >ease submitted to the court. From the evidence adduced on the trial of the case the court finds the following as the facts: (1) That on the thirteenth day of March, 1877, the plaintiffs, Moses Waring and Virginia E. Mitchell, under a written lease to…
1Opinion of the CourtPardee, J.
On the trial of the case, after the plaintiffs had closed and the two writings mentioned in finding “four” were offered, counsel for defendant moved to strike out all the parol evidence adduced by plaintiffs in the case which tended to vary the written receipt and contract and the implication of law arising from the acceptance of *866rent, which would exclude all of plaintiffs’ evidence, save the lease and notices to quit, aforesaid, on the ground that the said writings constituted a written contract between the parties, complete in all its parts as aided by implications of law, for the lease of…
2Cases cited1 opinion
- Van Epps v. WalshU.S. Circuit Court for the District of Southern Alabama · 1870