McLellan v. Roberson & Son
Supreme Court of Alabama
Appeal from St. Glair Circuit Court. Heard before Hon. John W. Inzer. Case by E. L. McLellan against James R. Roberson & Son, and others, for certain cotton, alleged to have been raised by one. Brown. Judgment for defendants, and plaintiff appeals.
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Appeal from St. Glair Circuit Court. Heard before Hon. John W. Inzer. Case by E. L. McLellan against James R. Roberson & Son, and others, for certain cotton, alleged to have been raised by one. Brown. Judgment for defendants, and plaintiff appeals. Under tbe. facts in this case appellant bad a landlord’s lien paramount to that of appellee. — Section 4734 and 4736, Code 1907; Smith v. Huddleston, 103 Ala. 233. Tbe defendants were not bona fide purchasers. — Bush v. Willis, 130 Ala. 395; Kelly v. HJyster, 102 Ala. 325; Sloan v. Hudson, 119 Ala. 27; Waite v. Corbin, 109 Ala. 154. Tbe landlord’s…
1Opinion of the CourtSimpson, J.
This action is by appellant against the appellees for the value of certain cotton, raised on lands claimed to belong to the appellant by one Lane Brown, claimed to be his tenant. The facts are that in the year 1904 the appellant made a verbal contract with said Lane, by which the 40 acres of land was.delivered to said Lane under an agreement of purchase, with the further agreement that, if any installment of purchase money was not paid, the relation of landlord and tenant was to exist, at the rate of one-fourth of the cotton raised and one-third of the corn. Advances were made by said…
2Cases cited4 opinions
- British & American Mortgage Co. v. CodySupreme Court of Alabama · 1902
- Waite, LaFils & Co. v. CorbinSupreme Court of Alabama · 1895
- Mecklin v. DemingSupreme Court of Alabama · 1895
- Bush & Co. v. WillisSupreme Court of Alabama · 1900
3Cited by3 opinions
- Hughes & Tidwell Supply Co. v. CarrSupreme Court of Alabama · 1919
- Bellingrath v. SamuelSupreme Court of Alabama · 1929
- Herzfeld v. HayneSupreme Court of Alabama · 1917