Thompson v. Merriman
Supreme Court of Alabama
Error to the; Circuit Court of Sumter., Before the Hon. G. Goldthwaite.. Assumpsit by the defendant in error. The defendant in error leased a store house,, to Philip Farris, who occupied it as such. The plaintiff in error, as sheriff, levied an execution on the goods, and sold them, the tenant. being indebted to the defendant in error for a year’s rent. The sheriff had notice of the claim for the rent in arrears, and has retained this amount in his hands.
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Error to the; Circuit Court of Sumter., Before the Hon. G. Goldthwaite.. Assumpsit by the defendant in error. The defendant in error leased a store house,, to Philip Farris, who occupied it as such. The plaintiff in error, as sheriff, levied an execution on the goods, and sold them, the tenant. being indebted to the defendant in error for a year’s rent. The sheriff had notice of the claim for the rent in arrears, and has retained this amount in his hands. To recover this, assumpsit is brought by the defendant. The sheriff resists the recovery, on the ground, that assumpsit for money had and…
1Opinion of the CourtDargan, J.
It has been repeatedly held by this court, that the act of 1807, (Clay’s Dig. 210,) which prohibits the taking of any goods, and chattels, by virtue of any execution against the tenant, from off the demised premises, unless the plaintiff in execution will pay, or tender to the landlord as much as one year’s rent, if so much be due, and in arrears, gives the landlord a lien on the goods of the tenant. Denham & Wafford v. Harris, 13 Ala. 465; Whidden v. Toulmin, 6 Ala. 104; Thompson v. Spinks, 12 Ala. 155; Dulany v. Dickerson, Ib. 601. But being amere lien, it gives to the landlord no title to…
2Cases cited7 opinions
- Barker v. ParkerMassachusetts Supreme Judicial Court · 1822
- Jackson ex dem. Wyck v. SewardNew York Supreme Court · 1825
- Thompson v. SpinksSupreme Court of Alabama · 1847
- Denham v. HarrisSupreme Court of Alabama · 1848
- Dulany v. DickersonSupreme Court of Alabama · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Collier v. FaulkSupreme Court of Alabama · 1881
- Barnett v. Warren & Co.Supreme Court of Alabama · 1886
- Connecticut General Life Ins. Co. v. SmithSupreme Court of Alabama · 1932
- Coffey v. HuntSupreme Court of Alabama · 1883
13 more not listed; retrieve them via the Exa API.