Public-domain · open source
OpenJurist

132 Ala. 331

Tatum v. Hollis

Supreme Court of Alabama

Decided February 13, 1902

Supreme Court of Alabama · decided 1902-02-13

•Appeal from Pike Circuit Court. Tried before Hon. John P. Hubbard. This action was brought by the appellants, Tatum & Black, as sucessors to Harris, Black & Tatum, against the appellee, T. M. Hollis, to recover an amount alleged to he due as rent for certain lands for the 'year 1899.

Relies on Perkerson v. Snodgrass

Decided 1902-02-13

McCLELLAN, C. J.

¶1— According to the averments of the plea the only claim that Tatum. & Black ever asserted to the rent was under their executory contract of purchase of the land from Gibson, and this, of course, was subject to Hollis’ right to redeem from Gibson as the purchaser and at the foreclosure sale. They had never intervened, or taken or claimed possession under their junior mortgages, nor sought save by the filing of their replications in this case to percept the rents thereunder. Their sole asserted right of possession and to the rents was cut off and ended by Hollis’ redemption from Gibson. The rent here sought to be recovered accrued and matured after that time and went with the reversion to Hollis, the defendant.—Perkerson v. Snodgrass, 85 Ala. 137.

¶2The replications setting up a right to the rent long after it had matured under junior mortgages were no answer to the plea, and the court properly sustained a demurrer to them.

¶3Affirmed.

/132/ala/331 · .json · Public domain