Mathers v. Barrow
Supreme Court of Alabama
Appeal from Circuit Court, Clarke County; Ben D. Turner, Judge. Contest between C. E. Mathers and T. J. Barrow, two attaching creditors for priority in the distribution of the proceeds of certain lumber sold under process against one Martin, and arises upon a motion of the sheriff for instruction. From the judgment rendered, Mathers appeals.
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Appeal from Circuit Court, Clarke County; Ben D. Turner, Judge. Contest between C. E. Mathers and T. J. Barrow, two attaching creditors for priority in the distribution of the proceeds of certain lumber sold under process against one Martin, and arises upon a motion of the sheriff for instruction. From the judgment rendered, Mathers appeals. Transferred from Court of Appeals under Acts 1911, p. ,450, § 6. Mathers sued out an attachment which was levied on the lumber on September 2, 1917, and appellee Barrow sued out an attachment which was levied August 27, 1917. Mathers’ attachment is to"…
1Opinion of the CourtSomerville, J.
The preliminary question presented by the record in this case is whether Mathers acquired a landlord’s lien on the lumber in question under section 4747 of the Code. That section provides that—
“The landlord of any storehouse, dwelling house, or other building, shall have a lien on the goods, furniture, and effects belonging to the tenant, and subtenant, for his rent, which shall' be superior to all other liens, except those for taxes.”
Our decisions hold that the lien thereby created attaches to any property of the tenant which is brought upon the premises of the rented building, though not…
2Cases cited7 opinions
- Watts v. SweeneyIndiana Supreme Court · 1891
- Drummond Carriage Co. v. MillsNebraska Supreme Court · 1898
- Andrews Manufacturing Co. v. PorterSupreme Court of Alabama · 1895
- J. C. Walden Auto Co. v. MixonSupreme Court of Alabama · 1916
- Nicrosi v. RoswaldSupreme Court of Alabama · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Campbell Motor Co. v. Stanfield.Supreme Court of Alabama · 1926
- Dixon v. BashfordSupreme Court of Alabama · 1930
- Sharp v. JesterCourt of Appeals of Texas · 1922
- Mills Lumber Co. v. HeardAlabama Court of Appeals · 1931
- Singer Sewing MacH. Co. v. YoungSupreme Court of Alabama · 1923
1 more not listed; retrieve them via the Exa API.