Murphey v. Farmers Union Warehouse Co.
Alabama Court of Appeals
Appeal from Monroe Law and Equity Court. Heard before Hon. M. R. Sowell, Special Judge. Action by the Farmer’s Union Warehouse Company against Thomas J. Murphy. From a judgment for plaintiff, defendant appeals. The plaintiff claimed under a mortgage executed by J. B. Morris to it, conveying all his crops grown on the Carter old place during that year, together with other personal property.
Read the full summary
Appeal from Monroe Law and Equity Court. Heard before Hon. M. R. Sowell, Special Judge. Action by the Farmer’s Union Warehouse Company against Thomas J. Murphy. From a judgment for plaintiff, defendant appeals. The plaintiff claimed under a mortgage executed by J. B. Morris to it, conveying all his crops grown on the Carter old place during that year, together with other personal property. The defendant justified under a mortgage executed by the sons of J. B. Morris to W. M. Fountain, who sold the cotton to the defendant. It appears that J. B. Morris also signed the note and mortgage to…
1Opinion of the Court
de GRAFFENRIED, J.
We take it that under the laws of this state the emancipation of the son from the father’s control may be as perfect when they both live together under the same roof as when they live separate from each other. — Donegan v. Davis, 66 Ala. 362. While a father, during the minority of his children, is entitled to their earnings, they are not his slaves, and the creditors of the father have no legal right to complain if the father, acting in good faith, emancipates them. The creditors, therefore, of the father have not, simply because the father is indebted to them, any claim…
2Cases cited2 opinions
- Donegan v. DavisSupreme Court of Alabama · 1880
- Hooper v. PayneSupreme Court of Alabama · 1891
3Cited by3 opinions
- Hughes & Tidwell Sup. Co. v. BusseyAlabama Court of Appeals · 1915
- Smith v. HaleySupreme Court of Alabama · 1923
- Hood & Johnson v. Sitz & Co.Alabama Court of Appeals · 1912