51 Ala. 359 | Ala. | 1874
The several'counts of the complaint are framed to recover rent for the use and occupation of lands demised by the plaintiff to the defendant. On the trial, there was evidence tending to show that the defendant entered into the occupancy of the lands, under a contract of renting for a year, made with one Curry. During the term, Curry sold and conveyed the premises to the plaintiff, the rent not being due and payable until the expiration of the term; There was also evidence tending to show that, after the sale and conveyance to the plaintiff, the defendant, having notice thereof, attorned to the plaintiff, and expressly promised to pay him the rent. In either aspect of the case, the plaintiff was entitled to the rent falling due after the conveyance to him by Curry. Under the statute (R. C. § 1568), rent is an incident' to the reversion, and the lessor’s grant of the reversion carries with it the rent falling due thereafter, without the attornment of the tenant to the grantee. English v. Key, 39 Ala. 113.
For the errors we have noticed, the judgment is reversed, and tbe cause remanded.