The Montgomery advertiser., 1903-08-14
Opinion by Hararson, J.
ANDERSON, EXECX V w1N1


 ANDERSON, EXECx, V. wTNToN Action upon rent contracts. from the Circuit Court of Madison
 l. writings construed together as ona instrument; when lease contracts not SD construed-In order for two or mora writings to be construed together as con- stitutlng the same contract, it is neces- saIy that they relate to the same trans action and refer to each other: and where two contracts of lease are made on IIf- rerent days and are separate and dis tinct,- having separate and distinct con alterations and purposes and neither re- Ierring to the other, and the latter wac not In contemplation of the parties at the tune the hrst was entered into. they can- tract 'N N0iA
 2. Action upon lease contracts. admis sfbiifty of evidence.-In an action unon two contracts of lease, where if is shown tnat under one of them the lessee rented cne lands at so much per acre and there was included in said lease tenement houses, and under the other lease ,fhe ice see was to pay designated sum for an other place, 1t is not competent to nrove what was reasonable rental value for the tenement houses, although the Iessao had testified that he had rented out one Of them for a particular amount. \ S Same;. same.-In. such a case if ia competent to prove the fact that the les- see had rented one of the tenement houses; such evidence tended to show that the defendant who was lessee. re- tained possession of said house as well as the other.
 Lanlord and tenant; what constitutes eviction of tenant.-The eviction of a ten- ant consists in the disturbance of his nos. session, his expulsion or motion by utie paramount or by the entry and act of the landlord deprivfng the tenant of the enjoyment of the rented premises or portion thereof.
 s. Same; same; enect of eviction While the eviction of a tenant may oper- ate bar partially or wholly to the right of the landlord to demand rent faIlinO due in the future, discharge of the ens tire rent will not result when the land lord enters and dispossesses a tenant of part of the premises, unless 1t be shown that the tenant surrendered or abandoned possession entirely. since nothing less than an entire abandonment or surrender will operate a dissolution of tenancy or suspension or discharge of the whole rent, and the rent is discharged only pro tanto to the extent of the value, use and occupation of part of the premises of which the tenant Is dispossessed if he re- mains in the undisturbed possession of the residue.
 6. Pleading and practice; appeal from vuStISt oI IedCS (OuTIs eTeCl or tdltuTe to file plea in abatement as to jurisdic- tion.-When a cause Is removed into the Circuit Court by appeal from a Justice of Peace Court, and Is there pending, it Is competent for the parties to treat it as If originating in the Circuit Court; and if they do so and the defendant fails 10 file a plea in abatement, a judgment may be rendered in the Circuit Court For an amount exceeding $1OO which Is the limit of the Jurisdiction of the justice of the peace.
 T. Action upon contract of lease; plea of recoupment; charge in reference there to.-In an action upon a contract of lease.