Mounger v. Burks

Citations

• 17 Ala. 48

Syllabus

<p>1. M. entered a complaint against B. for an unlawful detainer, in which he alleges — That II. purchased «certain lands from C. and leased them for a term of years to B. — that before the expiratiou of the lease C. died, without having divested himself of the title, and that II. thereupon rescinded the contract with his administrator and relinquished all right or claim to the lands, of which B. was informed and to which he consented and agreed — and that the administrator then sold the lands under an order of the Orphans’ Court, at which sale M. became the purchaser — Held—</p> <p>1st. Thai II. never having been the tenant of C. or his representative, the possession of B. cannot be «regarded-as “by, from, under, or by collusion with” II. as tenant.</p> <p>2. That the allegation that B. was informed of and consented and agreed to the recision and relinquishment by B. is not the averment of the fact of tenancy, but merely of a circumstance from which it might be inferred, and is therefore insufficient.</p> <p>3. That if the relinquishment of II. could operate to pass his estate or right, it created a new estate or right in C.’s administrator or «heirs, the sale of which the Orphans’ Couit had no power to direct.</p>