Boswell & Woolley v. Carlisle, Jones & Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. M. J. Saeeold. This was a trial of tbe right of property in seven bales of cotton, twelve bales gathered but not ginned, and twelve hundred bushels of corn, on which an attachment was levied at the suit of Boswell & Woolley against Henry 0. Spears, • on the 24th September, 1873, and to which a claim was interposed by Carlisle, Jones & Co., and bond given to try the right of property, as provided by the statute.
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Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. M. J. Saeeold. This was a trial of tbe right of property in seven bales of cotton, twelve bales gathered but not ginned, and twelve hundred bushels of corn, on which an attachment was levied at the suit of Boswell & Woolley against Henry 0. Spears, • on the 24th September, 1873, and to which a claim was interposed by Carlisle, Jones & Co., and bond given to try the right of property, as provided by the statute. The plaintiffs’ affidavit for an attachment alleged that said H. C. Spears was indebted to them in the sum of $5,391.12,…
1Opinion of the Court
MANNING, J. —
Appellants, as plaintiffs, in the autumn of 1873, sued out a writ of attachment against Henry 0. Spears, defendant, under sections 1858, 1859, and 1860, of the lie-vised Code, to enforce a crop lien claimed by them, upon cotton and corn raised by him that year in Dallas county; the affidavit on their behalf alleging, that the amount for which they sued was advanced under those sections of the Code to enable Spears to make his crops of that year, and that he had removed a portion of these from the premises, without their consent, and without having paid such advances. Under this…
2Cases cited4 opinions
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Barker v. BellSupreme Court of Alabama · 1861
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
- McMichael v. Branch Bank at MontgomerySupreme Court of Alabama · 1848
3Cited by8 opinions
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Boswell & Woolley v. Carlisle, Jones & Co.Supreme Court of Alabama · 1881
- Griel v. LehmanSupreme Court of Alabama · 1877
- Bell & Co. v. HurstSupreme Court of Alabama · 1883
- Samuel Gans Co. v. TysonSupreme Court of Alabama · 1910
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