Scaife & Co. v. Stovall
Supreme Court of Alabama
Statutory Claim Suit. Appeal from Barbour Circuit Court. Tried before Hon. H. D. Clayton. On the 17th of December, 1878, George W. Stovall procured an attachment to be issued against W. F. Shannon and A. Bethune. The attachment was issued on the ground that Shannon & Bethune, being indebted to said Stovall for rent and advances, had removed part of the crops grown on the rented premises without the consent of the landlord, Stovall, and without paying the rent.
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Statutory Claim Suit. Appeal from Barbour Circuit Court. Tried before Hon. H. D. Clayton. On the 17th of December, 1878, George W. Stovall procured an attachment to be issued against W. F. Shannon and A. Bethune. The attachment was issued on the ground that Shannon & Bethune, being indebted to said Stovall for rent and advances, had removed part of the crops grown on the rented premises without the consent of the landlord, Stovall, and without paying the rent. This attachment was levied on certain cotton, which was, thereupon, claimed by Scaife & Co., the appellants, who put in a claim bond,…
1Opinion of the CourtBrickell, C. J.
— The single question this case involves, is, whether a landlord having a lien for rent and advances, or for either, can enforce it by attachment on the crop in the possession of a purchaser from the tenant, after its removal from the rented premises, for a valuable consideration, having no notice of the lien. To this precise question, we intend confining our opinion, which, we may remark, could not have arisen under the old statute creating and defining the lien of a landlord, upon crops grown on rented premises, the legal remedy for the enforcement of which, was an attachment to be “ levied…
2Cases cited3 opinions
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Governor v. DavisSupreme Court of Alabama · 1852
- La Vaul v. StateSupreme Court of Alabama · 1866
3Cited by23 opinions
- Johnson v. HolifieldSupreme Court of Alabama · 1886
- Nelson v. OwenSupreme Court of Alabama · 1896
- Townsend v. BrooksSupreme Court of Alabama · 1884
- Ehrman v. OatsSupreme Court of Alabama · 1893
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1897
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