Maybank v. Lumpkin
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by J. H. B. Lumpkin against T. D. Maybank in trover, case, and assumpsit. Judgment for plaintiff, and defendant appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by J. H. B. Lumpkin against T. D. Maybank in trover, case, and assumpsit. Judgment for plaintiff, and defendant appeals. Transferred from- tbe Court of Appeals under Acts 1911, p. 449, § 6. Tbe complaint alleges tbe execution to Ingram & Co., by W. R. Patty, on December 3, 1910, a mortgage conveying to said Ingram & Co., tbe entire crops of corn, cotton, etc., and all other crops that tbe said W. R. Patty raised or caused to be raised during tbe year 1913 on any lands in Calboun county, also another mortgage…
1Opinion of the CourtAnderson, C. J.
The plaintiff in this case, Avhile the husband of the landlady and owner of the land, did not seek a recovery under a landlord’s lien, but as the assignee of mortgages executed by W. R. Patty to Ingram & Co., and which had been duly recorded. These mortgages conveyed all right, title, or interest in the crop that the said W. R. Patty had in same, Avhether he greAV the same as tenant or as proprietor, and the plaintiff was entitled to recover so much of the value of same as Avas sufficient to satisfy any unpaid balance due upon his mortgages. It matters not whether the lease was Avithin or…
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