Folmar & Sons v. Copeland & Brantley
Supreme Court of Alabama
APPEAL from the Circuit Court of Pike. Tried before the Hon. H. D. CLAYTON. The points in the case ..are directly decided in the case of Abraham v. Carter, (53 Alabama.) 1. Miller had only a lien to secure his debt for rent, and nothing more. — Thompson; v. Spinks, 12 Ala. 155. He could not maintain trespass, trover, or ■ detinue against Copeland & Brantley, though they knew of the lien for rent. — lb.; Husey v. Peebles, 53 Ala. 432. 2. The tenant conveyed the entire…
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APPEAL from the Circuit Court of Pike. Tried before the Hon. H. D. CLAYTON. The points in the case ..are directly decided in the case of Abraham v. Carter, (53 Alabama.) 1. Miller had only a lien to secure his debt for rent, and nothing more. — Thompson; v. Spinks, 12 Ala. 155. He could not maintain trespass, trover, or ■ detinue against Copeland & Brantley, though they knew of the lien for rent. — lb.; Husey v. Peebles, 53 Ala. 432. 2. The tenant conveyed the entire property in the cotton,, by his sale to appellees. — Smyth v. Tanlcersly, 20 Ala. 212 y Stewart v. Doughtry, 9 Johns. 108 ;…
1Opinion of the CourtStone, J.
The present suit is an action of trover for • the conversion of two bales of cotton, grown on rented land. The plaintiffs below, Copeland & Brantley, purchased the cotton from the tenant, and took possession of it, with a knowledge that it yms grown on rented land, and liable for' the rent, and removed it to a gin-house, off the premises. Thereupon Miller, the landlord, claimed and demanded the-cotton for his rent, and without the consent of the tenant, or - the purchasers from him, took possession of the cotton,,, removed it, and sold it to Folmar & Sons, who had full knowledge of all the…
2Cases cited6 opinions
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Abraham v. CarterSupreme Court of Alabama · 1875
- Herndon v. BartlettSupreme Court of Alabama · 1837
- Screws v. RoachSupreme Court of Alabama · 1853
- Parker v. GoldsmithSupreme Court of Alabama · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Madden v. Deere Credit Services, Inc.Supreme Court of Alabama · 1992
- Ford Motor Credit Co. v. ByrdSupreme Court of Alabama · 1977
- Ford Motor Credit Company v. DittonCourt of Civil Appeals of Alabama · 1974
- Speigle v. Chrysler Credit CorporationCourt of Civil Appeals of Alabama · 1975
15 more not listed; retrieve them via the Exa API.