Treadway v. Treadway's Executors
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the Hon. Wm. L. Whitlock. This was a trial of the right of property in one hundred and twenty-six bushels of wheat, on which an attachment had been ievied at the 'suit of the appellees, as executors of the last will and testament of Thomas Treadway, deceased, asserting a landlord’s lien for rent as against Charles Smith, the defendant in attachment; and to which a claim was interposed, under the statute, by the…
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Appeal from the Circuit Court of Cleburne. Tried before the Hon. Wm. L. Whitlock. This was a trial of the right of property in one hundred and twenty-six bushels of wheat, on which an attachment had been ievied at the 'suit of the appellees, as executors of the last will and testament of Thomas Treadway, deceased, asserting a landlord’s lien for rent as against Charles Smith, the defendant in attachment; and to which a claim was interposed, under the statute, by the appellant, Larkin B. Treadway. The attachment was sued out before a justice of the peace, before whom it was also made…
1Opinion of the CourtJbkeoxell, C. J.
This was a trial of the right of property, under the statute. An attachment was issued at the suit of the appellees, against one Charles Smith, and levied on one hundred and twenty-six bushels of wheat, found in his possession. The appellant interposed a claim, averring that the wheat was his property. To support his claim, he introduced evidence, tending to show that Smith was his tenant, and that the wheat was grown on the rented premises, of which the tenant had possession. There is no evidence, though the bill of exceptions recites that it contains all the evidence, that the wheat had…
2Cases cited7 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Langdon & Co. v. BrumbySupreme Court of Alabama · 1844
- Thompson v. SpinksSupreme Court of Alabama · 1847
- McAdams v. Beard & HendersonSupreme Court of Alabama · 1859
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3Cited by3 opinions
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Stern v. SimpsonSupreme Court of Alabama · 1878
- Hardy & Co. v. IngramSupreme Court of Alabama · 1887