Lauderdale v. Flippo Son
Supreme Court of Alabama
Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Suit by Flippo & Son against J. R. Lauder-dale. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Suit by Flippo & Son against J. R. Lauder-dale. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449. Suit by appellee against appellant to recover damages for the conversion of two bales of cotton, raised by one S. P. Tidwell during the year 1914, on which plaintiff had two mortgages, executed February 2,1914, and February 11, 1914, respectively, and recorded February 4, 1914, and February 19, 1914, respectively. The cause was tried upon an agreed statement of…
1Opinion of the CourtGardner, J.
[1] The contract between the parties created the relationship of tenant in common of the crop. Williams v. Lay, 184 Ala. 54, 63 South. 466; Johnson v. McFry, 68 South. 716, 14 Ala. App. 170.
[2] Subsequent to entering into the contract Tidwell executed two mortgages to the appellee. Lauderdale furnished Tidwell supplies to make a crop pursuant to the agreement of the parties entered into at the time the relationship was created. Appellee also advanced to Tidwell under the mortgages. The question presented on this appeal is whether or not Lauderdale’s lien given him under section 4792 of the…
2Cases cited9 opinions
- Collier v. FaulkSupreme Court of Alabama · 1881
- Courtney v. StateAlabama Court of Appeals · 1914
- Leslie v. HinsonSupreme Court of Alabama · 1887
- Jordan v. LindsaySupreme Court of Alabama · 1902
- Williams v. LaySupreme Court of Alabama · 1913
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3Cited by1 opinion
- Crow v. BeckSupreme Court of Alabama · 1922