The Montgomery advertiser., 1908-02-02
Head Notes Of the Decisions
OF the Alabama Supreme Court


| Z, rrsspegs; elssnsnts of.--rAs sist
q trespAss ts the intsrfsfsnes with Or
disturbsnce ~ poesession. "a
3. same; damages: continuing trss-
where the tresspass n con-
tinuine one--not o. the class 81 per-
manant appropriations 70 Be assessed
st once for all tinaA--thers may be sue.
csssive actions for each centinuins
salne.--A trespass arisinw from
/ the pumping bs water from 4 rnrins
and the hilins. or partial nliinK 90
enc or more Of them, 10 coumitted. at
each pumping and filling, especially
after the one Ia possession pEotests
10. waters and water courses;
TEA asss. q srs nj 9Th; shs risaf q
the use Of water out OF one OF the
springs near Defendants right OF wey
and 10 lay pipe 70 connect the spring
With the water tank, does not auther,
Ire the taking Of water from all of
the springs and the placing Of OBJ
II. Evidence; parcl to explain writ
ing.--The deed granted the right to
| use water out Of one Of the springs
near the right OF way and TO lay q
pipe 10 connect the spring with de-
fendant's water tank. At subseduent
| Tins the grAntof in . conversetion
desired the water to be pumped and
consented that the water be pumped
temporarily from another point Until
| the designated spring could be weliee
up and made available. Held, not .
| Modification Of the original deed nor
construction Of the deed. a. the deed
was clearly Expressed and needed no
IL Trespass: elsments Of offense--
| The raiiroad was trssp&sser u y
failed for . reasonable time to wall
up the spring designated and cohtsn.
ued to pump from the point tenapof-
axiiy granted. although II claimed nn-
dsr deed designatins csrtain spring
| from which fhe water eousd be purnped
ana 70 which q pipe could be laid, and
| In SUBSEQUENT conversation the
| grnntor IN the deed agreed that water
| might be pnmpe6 temporarily from
another point until the DESIGNATED
spring could b walled w snd made
is. ADVERSE posssssicn. hostile char
actsr 6f possessioB. the pos
session rs parmissiva and without eny
| cinina IL right, II cannot ripen into .
| title BY . lapse Of tins.
IL. TRIAL; Instructions; invasion Of
province o. iury:y-It vas proper 70 re-
must ana that the land had been dsdi.
Gated ana was public park dufinF
| ire time of the tteapaAe ccnapiained 81,
| where. VIII ether the land had neen
|, dedicated as u park, and II 20, whetner
ii had been vacated. were. under the
evidence, q Gtesuon TOT s ne, ' s.E.,.,
Heard bafore Hon. q. W, Ferguson.
AfarmeA. Opinion By Simpson, ].
Tyson. q. j.. Anderson and benson
| H., concur.
BROWN We. LARRY.
aDeetfic Performs nee---f Decided NOV,
III, seeF,--at 30. Rep. e&ll !.
-. Payment. ApplieaElen-~When
a@htor ewes several distinct dehts 70
| ena creditor afd makes . payment
without directing how IL shall be 3D.
nllsd. me creditor naay apply the pay
inent 70 either debt ~ his eptson.
:. Seme--Whste . debtor ewes ssv-
raortmane, ! payment made. from the
procee1s Of the tnoxtsage pfopefty
| canssok be Applted u any except the
mcFfaage debt. antH II a. satlsgisa.
| svifhSSuT the consent a& both p@Ptiess
5. NAne.-Whefe no particular ap-
plieatien of partial payments y direee.
"a ~ the debsorl Of H4Ae by the ersNi.
ths Aidast ignTn % the debt.
1. Landlord and Tenant: Option 20
/. leuYkhaee; Forfsituro-~WhefA cesls
! tract tor the lease Of certain lands Tor
4 giyen length OF time ak an Agreed
Yearly fenfai, made the rent payable
al q given time each year, and proftds
ed that e the tenant promptly psid
each rental on the date ~ was dns ~
should have the option to purchase the
property 1t stipulated price. but that
aucE opfion Should be lest on his fall
ura 10 make eueh rental payments
when due, and the lessor made cd
|fVahees 10 the tenant 1t different times,
occurred ~ mortgage or liAns On tho
crop, which also ascueed the rant due,
and the tenant paid the lessor each
year on or before the DAY the rensai
the rental dsbt, but less than the en-.
tire debt due. without directing 70
which debt the payment should be APP
piled, and the lessor applied it TO the
debts other than the rentals and gave
the tenant receipts showing such APP
,plieattc . which were reoeived without
objectioTN the lessee or tenant u put II
default IL the Payment OF his rents
and forfeited his option TO- purchase.
g. sale; DistinEuiAhea from Optioui
Contract or Rentai---Where the con-
tract provided for the rental of the
llahd for five years. 81 stipulated year
~ rental payable on = certain date ana
providing Tor an option 70 purchhse a.
a stipulated suTa IL the rents were paid
lat maturity, ana on failure TO pay at
maturity. \ forfeiture of the flight to
purchase, such contract was q rental
coptlAet, with option 70 pArehepe. Of
which, time Of payment % the rents
was OF the essence, and q failure TO
pay ct tnaturity forfeited the option to
purchases 2
J. same; Options to Purchase: Time
for Exereisef Waiver--while the time
for payment Of rent in q contract con-
tanning an option 10 purchase. forfeit.
able on failure to pay rent at maturity
was for the benefit OF the party grant
ing the option and may be waived by
him, the receipt ~ him of the rent
after maturity Yves not q waiver OF the
time Of payment as a condition piece.
deiit 60 the exercise Of the option. the
contract providing for the payment Of
the rent In any event and without re-
gard 20 the option.
appeal from Tuscaioosa County
Court.
Heard before Hon. H. .. Foster
= Reversed ana rendered, opinien BY
Tsssa. Z, J., ana Anderson ana Dem
son. ~. concur. 81
BANK or LfJvERSsE v suAvp
Assu5npsat--t Dectded New. is .lso7-.-G4
l. Bills and notes; liability OF en-.
dofsAr Of noh-AegetiahIa paeber--fha
eSadorser Of q non-ne66tiabIa instre,-
,naeRt is liable TO the ,enaorsse to the