Bell & Co. v. Hurst
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Tried before Hon. Joinsr Moojre. This was an action of assumpsit, brought by Ilnrst & McWhorter against N. J. Bell & Co., to recover for certain cotton, part of a crop raised by one Cook on a designated plantation, on which the plaintiffs claimed to have a mortgage, and which the defendants had received from Cook and sold, with notice of plaintiffs’ mortgage.
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Appeal from Lowndes Circuit Court. Tried before Hon. Joinsr Moojre. This was an action of assumpsit, brought by Ilnrst & McWhorter against N. J. Bell & Co., to recover for certain cotton, part of a crop raised by one Cook on a designated plantation, on which the plaintiffs claimed to have a mortgage, and which the defendants had received from Cook and sold, with notice of plaintiffs’ mortgage. The canse was tried on issue joined on the plea of non-asaumpsit, the trial, resulting in a verdict and judgment for the plaintiffs. As appears from the evidence set out in the bill of exceptions, Green…
1Opinion of the CourtBrickell, C. J.
The statute declares a lien, in favor of a landlord on crops grown on rented land for the rent of the current year, “ and for advances made in money or other thing of value, whether made directly by him, or at his instance and request by any other person, or for which he has assumed the legal responsibility at or before the time at which such advances were made.” — Code of 1876, § 3467. The lien is declared in favor of the landlord, and operates for his security and protection. By extending the lien so as to cover advances made by others at his instance and request, it was not intended to…
2Cases cited5 opinions
- Collier v. FaulkSupreme Court of Alabama · 1881
- Evans v. EnglishSupreme Court of Alabama · 1878
- Boswell & Woolley v. Carlisle, Jones & Co.Supreme Court of Alabama · 1876
- Schuessler v. GainsSupreme Court of Alabama · 1881
- Comer v. DanielSupreme Court of Alabama · 1881
3Cited by7 opinions
- Ex parte DavisSupreme Court of Alabama · 1891
- Giddens v. BollingSupreme Court of Alabama · 1890
- Leslie v. HinsonSupreme Court of Alabama · 1887
- Gerson & Sons v. NormanSupreme Court of Alabama · 1895
- Clanton v. EatonSupreme Court of Alabama · 1890
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