Westmoreland & Trousdale v. Foster
Supreme Court of Alabama
Appeal from tbe Chancery Court of Lawrence. Heard before tbe Hon. N. S. Graham. Tbe bill in tbis case was filed on tbe 17th March, 1875, by tbe appellants, suing as partners, against Bobert C. Foster and George W. Foster, Jr.; and sought to bold tbe said Bobert C. Foster accountable, as trustee, for tbe proceeds of tbe sale of forty-three bales of cotton, which be bad received from said George W. Foster, Jr., and which tbe latter bad raised on rented land; tbe complainants…
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Appeal from tbe Chancery Court of Lawrence. Heard before tbe Hon. N. S. Graham. Tbe bill in tbis case was filed on tbe 17th March, 1875, by tbe appellants, suing as partners, against Bobert C. Foster and George W. Foster, Jr.; and sought to bold tbe said Bobert C. Foster accountable, as trustee, for tbe proceeds of tbe sale of forty-three bales of cotton, which be bad received from said George W. Foster, Jr., and which tbe latter bad raised on rented land; tbe complainants claiming as assignees of tbe note given for tbe rent, and charging that said Bobert C. Foster bad notice of their rights…
1Opinion of the CourtStone, J.
Section 3467 of the Code of 1876, and sections following, are the same as sections 2961 et seq. of the Bevised Code, as amended by the act approved March 8th, 1871 (Pamph. Acts, 19), the act approved March, 1875 (Pamph. Acts, 254), and the act approved February 9,1877 [Pamph. Acts, 74). The rights of the present parties must be determined by the act of 1871, because the renting was for the year 1873, before the enactment of the statute of March 18, *4541875. That statute declares, that “ a landlord has a lien on the crop grown on rented lands, superior to all other liens, for rent on . . said…
2Cases cited20 opinions
- Sheppard and Others v. Taylor and OthersSupreme Court of the United States · 1831
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Butt v. EllettSupreme Court of the United States · 1874
- English v. KeySupreme Court of Alabama · 1863
- Hussey v. PeeblesSupreme Court of Alabama · 1875
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3Cited by57 opinions
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- In Re the Estate of RosenbergNew York Court of Appeals · 1935
- Patton v. DardenSupreme Court of Alabama · 1933
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- Greil Bros. v. City of MontgomerySupreme Court of Alabama · 1913
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