Legal Opinion

Thompson v. Spinks

Supreme Court of Alabama

Decided June 15, 1847PublishedCited by 11 opinions

Trespass by the defendant, against the plaintiff in error, sheriff of Sumter. The defendant pleaded not guilty, and justified under an execution against one Cooksey. Upon the trial, it appeared that Cooksey rented certain land of the plaintiff, in the year 1844, on which he raised the cotton specified in the plaintiff’s declaration, and that Cook-sey was indebted to him for the rent.

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Trespass by the defendant, against the plaintiff in error, sheriff of Sumter. The defendant pleaded not guilty, and justified under an execution against one Cooksey. Upon the trial, it appeared that Cooksey rented certain land of the plaintiff, in the year 1844, on which he raised the cotton specified in the plaintiff’s declaration, and that Cook-sey was indebted to him for the rent. That Cooksey gathered the cotton, and carried it off the rented premises, to the gin of one Carr, for the purpose of being ginned. That when the cotton was carried there, and before the levy, Cooksey delivered…

1Opinion of the CourtOrmond, J.

The act of 1807, forbids the taking in execution, goods, or chattels, found upon any rented premises, and provides that they shall not be removed therefrom, unless the party suing out the execution, pay, or tender to the landlord., one year’s rent, and the sheriff is required to levy, .and pay to the plaintiff, as well the money so paid for the rent, as the execution money. [Clay’s Dig. 210, § 45.] In 1812, the common law right of distress for rent, was abolished.

In 1821, an act was passed subjecting the crop grown on any rented land, to the payment of the rent, and requiring one-year’s rent…

2Cases cited1 opinion

  1. Hawkins v. GillSupreme Court of Alabama · 1844

3Cited by11 opinions

  1. Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
  2. Hussey v. PeeblesSupreme Court of Alabama · 1875
  3. Thompson v. MerrimanSupreme Court of Alabama · 1849
  4. Ala. Gold Life Insurance v. OliverSupreme Court of Alabama · 1884
  5. Stern v. SimpsonSupreme Court of Alabama · 1878

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