Denham v. Harris
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. James Harris, filed a petition in the circuit court of Dallas, setting forth, that he leased to William H. Steetz a lot of ground in Cahawba, for the year 1846, and that Steetz executed to him a note for the rent, with Ulmer as security, for $132, due at twelve months, dated 31st December, 1845. That the note is due and unpaid.
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Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. James Harris, filed a petition in the circuit court of Dallas, setting forth, that he leased to William H. Steetz a lot of ground in Cahawba, for the year 1846, and that Steetz executed to him a note for the rent, with Ulmer as security, for $132, due at twelve months, dated 31st December, 1845. That the note is due and unpaid. That during the year 1846, the sheriff of Dallas county levied an execution issued in favor of Denham & Warford v. Steetz & Howlet, on a lot of goods then being on the rented premises, and that before…
1Opinion of the CourtDargan, J.
The act of 1807 (Clay’s Dig. 210) which provides, that no goods or chattels, lying or being on any messuage, lands or tenements, leased for life, or term of years, or at will, or otherwise, shall be liable to be taken on execution, on any pretence, unless the party, before removing the goods, shall pay the rent then due, provided the same do not amount to more than one year’s rent, has received a construction by this court in the case of Whidden v. Toulmin, 6 Ala. R. 104, that we now approve, which is, that the lien, or right of the landlord to demand payment of the rent, at the time of the…
2Cases cited2 opinions
- Trappan v. MorieNew York Supreme Court · 1820
- Cook v. TouseyNew York Supreme Court · 1830
3Cited by10 opinions
- Thompson v. MerrimanSupreme Court of Alabama · 1849
- Coleman v. SilerSupreme Court of Alabama · 1883
- Langdon v. RaifordSupreme Court of Alabama · 1852
- Pelzer v. Mutual Warehouse Co.Supreme Court of Alabama · 1928
- Smith v. HuddlestonSupreme Court of Alabama · 1893
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