Ballard v. Mayfield, Pitman & Co.
Supreme Court of Alabama
Appeal from the circuit court of Randolph. Tried before the Hon. N. D. Denson. On May 7, 1889, the appellant, Joshua Ballard, recovered a judgment for $58.38 and costs, against Thomas F. Ussery. On May 24, 1890, a certified copy of the judgment so recovered was duly recorded in the office of the Probate Judge of Randolph county.
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Appeal from the circuit court of Randolph. Tried before the Hon. N. D. Denson. On May 7, 1889, the appellant, Joshua Ballard, recovered a judgment for $58.38 and costs, against Thomas F. Ussery. On May 24, 1890, a certified copy of the judgment so recovered was duly recorded in the office of the Probate Judge of Randolph county. On April 10, 1891, Thomas F. Ussery. executed to the appellees, Mayfield, Pitman & Co., a mortgage upon the entire crops to be grown by him during that year, on his lands, or by his tenants. On October 27, 1891, an alias execution was issued out of the circuit court…
1Opinion of the CourtHaralson, J.
1. Prior to the amendment of section 3004 (3341) of the Code, by the act of 28th February, 1887, (Acts 1886-87, p. 150) it had been held, that a mortgage of an unplanted crop did not pass to the mortgagee the legal title to the crop afterwards planted and raised, conferring on him a right of property sufficient to support a statutory claim suit, if the crop was levied on under attachment or execution. And the same thing was true of the landlord’s statutory lien for rent and advances. — Columbus Iron. W. Co. v. Renfro, 71 Ala. 579; Marks v. Robinson, 82 Ala. 69; Hardy & Co. v. Ingram, 84 Ala.…
2Cases cited10 opinions
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Rees v. CoatsSupreme Court of Alabama · 1880
- Leslie v. HinsonSupreme Court of Alabama · 1887
- Mobile Life Insurance v. TeagueSupreme Court of Alabama · 1884
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3Cited by14 opinions
- Pinckard v. CasselsSupreme Court of Alabama · 1915
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- Hill v. RentzSupreme Court of Alabama · 1918
- Courtney v. StateAlabama Court of Appeals · 1914
- Butler-Kyser Manufacturing Co. v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1914
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