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Spiller v. Mackereth

Supreme Court of Alabama
334 So.2d 859 (1976


Facts

Mackereth (plaintiff) and Spiller (defendant) owned a building as tenants in common. After their tenant vacated the property, Spiller took the property and used it as a warehouse. Mackereth sent Spiller a letter demanding that Spiller either vacate half of the building, or pay Mackereth rent for half of the rental value. Spiller refused to do either, and Mackereth sued him. The trial court found in favor of Mackereth and awarded him $2,100 in rent from Spiller. Spiller appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Jones, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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