Smith v. Taylor
Supreme Court of Alabama
Error to the County Court of Lowndes. The plaintiff in error was garnisheed by defendant in error, to say what he was indebted to John B. Lamkin, his judgment debtor.
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Error to the County Court of Lowndes. The plaintiff in error was garnisheed by defendant in error, to say what he was indebted to John B. Lamkin, his judgment debtor. Judgment by default was taken against him, and upon a scire facias he appeared, and answered, denying that he was indebted to Lamkin; that he cultivated about fifty or sixty acres of land, once claimed by Lamkin, ■ but that Lamkin had abandoned the same, previous to the garnishment. . The plaintiff made affidavit, contesting the truth of the answer, and an issue was made up between them. Upon the trial of the issue, a bill of…
1Opinion of the CourtOrmond, J.
It appears, that when the land, for the rent of which this garnishment was sued out, was abandoned by Lamkin, the garnishee took possession of it, and made an ineffectual effort to rent it of Lamkin, and of Reese, both of whom declined to exercise any control over it, there being a law suit between them in regard to it. He then informed them, he should cultivate It, and was willing to pay a rea*637sonable rent; to which no objection was made by either. We think this was a promise to pay rent, to whichever of the two should be ascertained to be entitled- to receive itand it having been determined…
2Cited by5 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1881
- Bank of Moundville v. WalshSupreme Court of Alabama · 1927
- Coker v. WhitlockSupreme Court of Alabama · 1875
- David Bradley & Co. v. Peabody Coal Co.Appellate Court of Illinois · 1902
- Skipper v. StokesSupreme Court of Alabama · 1868