Gardner v. Head
Supreme Court of Alabama
Appeal from Pike Circuit Court. • Tried before Hon. Jno. II. Tyson. The appellant sued the appellee, declaring upon two counts, one in case, for interfering with a lien claimed by plaintiff, and the other in trover, for a conversion of »certain property. The object of the suit was to recover from the defendant, a balance due him by Livingston for advances. The material facts are contained in the opinion.
Read the full summary
Appeal from Pike Circuit Court. • Tried before Hon. Jno. II. Tyson. The appellant sued the appellee, declaring upon two counts, one in case, for interfering with a lien claimed by plaintiff, and the other in trover, for a conversion of »certain property. The object of the suit was to recover from the defendant, a balance due him by Livingston for advances. The material facts are contained in the opinion. From a judgment for defendant, plaintiff appeals. cited Collier v. Faulk, 69 Ala. 58 ; Shields v. Kimbrough & Purnell, 64 Ala. 504. cited Code, § 3065; 69 Ala. 58; Scheussler v. Gaines, 68…
1Opinion of the CourtColeman, J.
The plaintiff, Gardner, and one Livingston, entered into a contract to make a crop of cotton and corn, by which Gardner was to furnish the land and five mules to make the crop and to feed the mules, and Livingston agreed to furnish the labor; the crops to be divided equally between them. The contract is within the provision of § 3065 of the Code of 1886, and the parties became tenants in common of the crop. This question was directly adjudicated in Adams v. The State, 87 Ala. 89, if an adjudication was necessary to establish so clear a proposition. — 2 Brick. Dig., § 129. Section 3075 of the…
2Cases cited1 opinion
- Adams v. StateSupreme Court of Alabama · 1888
3Cited by5 opinions
- Keyser v. Maas & SchwarzSupreme Court of Alabama · 1895
- Jordan v. LindsaySupreme Court of Alabama · 1902
- Ragsdale v. KinneySupreme Court of Alabama · 1898
- Stewart v. YoungSupreme Court of Alabama · 1925
- Lauderdale v. Flippo SonSupreme Court of Alabama · 1917