Kilpatrick v. Harper

Supreme Court of Alabama

Kilpatrick v. Harper

119 Ala. 452

CourtSupreme Court of Alabama

DecidedJuly 1, 1898

StatusPublished

Cited by2 cases

This text of 119 Ala. 452 (Kilpatrick v. Harper) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kilpatrick v. Harper, 119 Ala. 452 (Ala. 1898).

Pincite

Opinion

McCLELLAN, J.

By the terms of section 3064 of the Code (1886) the relation of landlord and tenant existed between the parties to this suit in respect of the corn sued for. The property therefore belonged to the tenant, the plaintiff, and the defendant, the landlord, had a lien on it for the payment of the rent. It follows that plaintiff was entitled to the possession of the property; and the court did not err, there being' no conflict in the evidence, in giving' the affirmative charge in his faAror.

Affirmed.

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McCLELLAN, J.

By the terms of section 3064 of the Code (1886) the relation of landlord and tenant existed between the parties to this suit in respect of the corn sued for. The property therefore belonged to the tenant, the plaintiff, and the defendant, the landlord, had a lien on it for the payment of the rent. It follows that plaintiff was entitled to the possession of the property; and the court did not err, there being' no conflict in the evidence, in giving' the affirmative charge in his faAror.

Affirmed.

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Bluebook (online)

119 Ala. 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kilpatrick-v-harper-ala-1898.

Opinion

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