Baker v. Allen
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by H. E. Allen against G. W. Baker in case for destruction of a landlord’s lien. Judgment for plaintiff and defendant appeals. Sec. 2713, Code 1896, prevents a landlord from collecting his rent of the property of a subtenant if he can collect it out of the property of a tenant in chief.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by H. E. Allen against G. W. Baker in case for destruction of a landlord’s lien. Judgment for plaintiff and defendant appeals. Sec. 2713, Code 1896, prevents a landlord from collecting his rent of the property of a subtenant if he can collect it out of the property of a tenant in chief. Under this section, and on the authority of Thames v. Rembert, 63 Ala. 561 the court should have given the affirmative charge for the defendant. Charge 5 was improperly refused. — 1 Mayf. 172. Charge 10 was improperly refused. —…
1Opinion of the CourtMcCLELLAN, J.
The complaint, containing only one count, claimed damages of appellant in' consequence of the destruction by him of the plaintiff’s (appellee) landlord’s lien on cotton and other products. The court gave the affirmative charge for’the plaintiff. The main contention for the appellant is that he was denied below the benefit in defense of the provision of Code 1896, § 2713, whereby, under defined conditions, the lienor must first exhaust the tenant in chief before levy is made on the crop of the subtenant. The defendant bore no relation of tenancy in the premises, either to plaintiff or the…
2Cited by4 opinions
- Plunkett v. DendySupreme Court of Alabama · 1916
- Clark v. Johnson & LattimerAlabama Court of Appeals · 1913
- Griffis v. WilsonAlabama Court of Appeals · 1922
- Baker v. CotneySupreme Court of Alabama · 1914