Haynes Mercantile Co. v. Bell
Supreme Court of Alabama
Appeal from Clay County Court. Heard before Hon. W. J. Pearce. Action in case by J. T. Bell against tbe Haynes Mercantile Company and others for destruction of a lien. From a judgment scetting aside the judgment for defendants, and granting plaintiff a new trial, defendants appeal. Affirmed. Plaintiff had procured a judgment against M. N. & G. W. Warren before a justice of the peace in Clay county, which was registered in the office of the probate court of that county.
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Appeal from Clay County Court. Heard before Hon. W. J. Pearce. Action in case by J. T. Bell against tbe Haynes Mercantile Company and others for destruction of a lien. From a judgment scetting aside the judgment for defendants, and granting plaintiff a new trial, defendants appeal. Affirmed. Plaintiff had procured a judgment against M. N. & G. W. Warren before a justice of the peace in Clay county, which was registered in the office of the probate court of that county. G. W. Warren and Wiley Powell had raised cotton in the county under an agreement whereby, as claimed by plaintiff, said…
1Opinion of the CourtDenson, J.
It was open to the court to find from the evidence that the cotton in controversy was raised under an agreement whereby Powell was to furnish the land and teams and one-half of . the fertilizers, and Warren was to furnish one-half of the fertilizers and the labor to cultivate the land. If such was the agreement, then under the law the relation of tenants in common *328of the cotton subsisted between Powell and Warren, and Warren’s interest in the cotton was subject to the plaintiff’s recorded judgment lien.—Hendricks v. Clemmons, 147 Ala. 590, 41 South. 306; Thompson v. Mawhinney, 17 Ala. 362.…
2Cases cited3 opinions
- Thompson v. MawhinneySupreme Court of Alabama · 1850
- Hendricks v. ClemmonsSupreme Court of Alabama · 1906
- Kilpatrick v. HarperSupreme Court of Alabama · 1898
3Cited by5 opinions
- Johnson v. McFryAlabama Court of Appeals · 1915
- Hairslip v. BrannumSupreme Court of Alabama · 1916
- International Agricultural Corp. v. BurtonSupreme Court of Alabama · 1915
- Kilgore v. JonesAlabama Court of Appeals · 1917
- Consolidated Mercantile Co. v. WarrenAlabama Court of Appeals · 1917