Dean & King v. Elyton Land Co.
Supreme Court of Alabama
Bill in Equity to enforce Lien and enjoin Collection of Judgment. Appeal iron the Chancery Court of Jefferson. The facts of the case are sufficiently stated in the opinion. 1. The landlord’s lien was forfeited or waived by the tortious taking of the mantels by appellee.
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Bill in Equity to enforce Lien and enjoin Collection of Judgment. Appeal iron the Chancery Court of Jefferson. The facts of the case are sufficiently stated in the opinion. 1. The landlord’s lien was forfeited or waived by the tortious taking of the mantels by appellee. The bill shows that the tortious taking was a fact established by the judgment in the court of law, for it admits that there was evidence tending to show that the mantels were taken and sold by the Elyton Land Company, without consent of the tenants. Whitlock v. Heard, 13 Ala. 776; Nash v. Mosher, 19 Wend. 431; Mount v.…
1Opinion of the CourtHead, J.
The complainant, The Elyton Land Company, held a landlord’s lien on certain mantels belonging to Rumphand Benton, for the rent of a storehouse rented by them from the complainant. The respondents, Dean & King, held a mortgage on the mantels, executed by Rumph and Benton. The complainant, The Elyton Land Co., tortiously, (both against the tenants and mortgagees), took possession of the mantels, sold them and applied the proceeds to the payment of the rent then mature. It did not undertake to pursue its legal remedy, by attachment, to enforce its said lien. After-wards the mortgagees, Dean &…
2Cases cited4 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- East v. PaceSupreme Court of Alabama · 1877
- Whitlock v. HeardSupreme Court of Alabama · 1848
- Harrison v. McCrarySupreme Court of Alabama · 1861
3Cited by5 opinions
- Hunter-Benn Co. Company v. Bassett Lumber Co.Supreme Court of Alabama · 1932
- Steele v. CruteSupreme Court of Alabama · 1922
- Producers Lumber & Supply Co. v. Olney Building Co.Court of Appeals of Texas · 1960
- M. E. Donaldson Mercantile Co. v. First Nat. BankSupreme Court of Alabama · 1925
- Producers Lumber & Supply Co. v. Olney Building Co.Court of Appeals of Texas · 1960