109 Ala. 154 | Ala. | 1895
The action is in case, brought by
A landlord, in actions of this character, cannot recover more than the amount of his demand existing at the time of the trial; and the defendant, upon appropriate pleas, has the right to show payment, in whole or in part, of the landlord’s debt, and thereby defeat, or reduce pro tanto, as the case may be, the extent of the recovery. A plea which merely avers that the plaintiff .had sued out an attachment which was levied upon cotton and other farm products grown on the land by the tenant and others, is too vague and indefinite to present a proper issue. Noncomtat that “others” owed Cor rent, themselves. The plea does not show that anything was or could be realized from the attachment. No value of the property attached is averred in the plea. The demurrer to this plea No. 5 was properly sustained.
Upon the plea of the general issue, the evidence was sufficient to authorize the giving of the affirmative charge for the plaintiff. The defendant himself admits that he knew the place had been rented to other tenants for the two years' previous to its occupation by Walker, his mortgagor, that he made no investigation of Walk
There is no error in the record.
Affirmed.