Cockburn v. Watkins
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speaks. This action was brought by llobert E. Cockburn, against Samuel Watkins, to enforce a landlord’s statutory lien for advances made to his tenant; and Was commenced by attachment, sued out on the 15th January, 1883, on the ground, as stated in the affidavit, “that the said Watkins has removed from the said rented premises a part of the crop raised thereon the year 1882, without paying the amount due…
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Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speaks. This action was brought by llobert E. Cockburn, against Samuel Watkins, to enforce a landlord’s statutory lien for advances made to his tenant; and Was commenced by attachment, sued out on the 15th January, 1883, on the ground, as stated in the affidavit, “that the said Watkins has removed from the said rented premises a part of the crop raised thereon the year 1882, without paying the amount due for advances, and without the consent of affiant, his landlord.” The defendant craved oyer of the affidavit, and pleaded…
1Opinion of the CourtStone, C. J.
— In Flexner v. Dickerson, 65 Ala. 129, and in Schuessler v. Gains, 68 Ala. 556, this court considered, and, to some extent, construed sections 3286-88 of the Code of 1876. Those sections relate to advances to make a crop, obtained from outsiders — from persons other than the landlord. To secure the statutory lien for such advances, many pre-requisites must exist, and be conformed to. The articles are very restricted in number: team, provisions and farming implements, or money with which to purchase the same. There must be a declaration in writing, with prescribed requi-s sites, and it must…
2Cases cited3 opinions
- Collier v. FaulkSupreme Court of Alabama · 1881
- Flexner v. DickersonSupreme Court of Alabama · 1880
- Schuessler v. GainsSupreme Court of Alabama · 1881
3Cited by7 opinions
- Donaldson v. WilkersonSupreme Court of Alabama · 1910
- Mooney v. HoughSupreme Court of Alabama · 1887
- In re TramnerNevada Supreme Court · 1912
- Bush & Co. v. WillisSupreme Court of Alabama · 1900
- Gunter v. DuBoseSupreme Court of Alabama · 1884
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