Aderholt v. Embry
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the lion. Leroy F. Box. This action was brought by James Embry, against David A. Aderholt, to recover the proceeds of sale of four bales of cotton, which the defendant had bought from one Frank Ward, and which the plaintiff claimed as the landlord of said Ward ; and was commenced on the 11th February, 1881. The complaint contained only the common money counts, and the only plea was the general issue, “ in short by…
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Appeal from the Circuit Court of St. Clair. Tried before the lion. Leroy F. Box. This action was brought by James Embry, against David A. Aderholt, to recover the proceeds of sale of four bales of cotton, which the defendant had bought from one Frank Ward, and which the plaintiff claimed as the landlord of said Ward ; and was commenced on the 11th February, 1881. The complaint contained only the common money counts, and the only plea was the general issue, “ in short by consent, with leave to give in evidence any matter that might be specially pleaded.” On the trial, as appears from the bill…
1Opinion of the CourtStone, C. J.
The testimony tends to show that Ward, the tenant, was indebted to James Embry one hundred and sixty dollars, for advances to enable him to make his crop, and in a further sum of fifty-seven dollars, for so much money *188paid by'said Embry for him, Ward; total amount two hundred and eighteen dollars. There is no testimony that Mrs. Embry had any interest in this part of the claim. This is more than the alleged value of the four bales of cotton, and more than the plaintiff recovered in this suit. When Embry notified Ward not to remove the cotton off the premises, the claim set up was alike for…
2Cases cited2 opinions
- Shealy v. EdwardsSupreme Court of Alabama · 1882
- Mobile Savings Bank v. FrySupreme Court of Alabama · 1881
3Cited by6 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- McCurdy v. MiddletonSupreme Court of Alabama · 1886
- Strickland v. HardieSupreme Court of Alabama · 1886
- Salmon v. SalmonAlabama Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.