Reports of Cases Argued And Determined in the Supreme Court of ..., volume 118
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 118
Alabama Supreme Court
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and J. T. Chestnut was not paramount at the time of the said alleged eviction. Plaintiff demurred to this plea, assigning the same grounds as were interposed to plea No. 2, and upon the further ground that said plea failed to aver that the plaintiff became the tenant of said S. J., N. F., E. B. and J. T. Chestnut, under the contract of lease sued upon. The court sustained thi.5 demurrer. There- upon the defendant amended the last mentioned special plea by adding the averment, that "said J. C. C...hestnut, attorned to the said S. J., N. F., E. B. and J. T. Chest- nut, as tenant under said lease." The plaintiff demurred to the plea as thus amended, assigning the same grounds which had been interposed to said plea before amendment, and the following addi- tional grounds : 1. Said plea, as amended, fails to aver that said contract of lease sued on was ever transferred, signed or delivered by defendant to S. J., N. F., E. B. and J. T. Chestnut. 2. Said plea fails to aver that the three other notes described in said lease sued on were ever transferred or assigned bv the defendant to said S.
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