Legal Opinion

Griel v. Lehman

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 8 opinions

Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q,. Smith. The facts are contained in the opinion. 1. The proper construction of the law, giving a lien upon crops for advances, requires that the particular crop should be specified, so as to give notice to the world of the lien upon it, and the extent of the incumbrance.

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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q,. Smith. The facts are contained in the opinion. 1. The proper construction of the law, giving a lien upon crops for advances, requires that the particular crop should be specified, so as to give notice to the world of the lien upon it, and the extent of the incumbrance. Both the language and the purpose of the statute, alike require that the particular crop advanced on, should be identified in the recorded instrument, so that notice should be given to the world, and the credit intended to be strengthened should not be…

1Opinion of the Court

MANNING, J.—

The bales of cotton which are the subject of this controversy, were a part of the crop made in 1875 by one.Boss. He cultivated several farms that year, not all of them in the same county. He resided himself in Chambers county. Under “the crop-lien law,” (Code of 1876, §§ 3286 (1858), 3287 (1859) and 3288 (1860), he obtained advances of appellees, Lehman, Durr & Co., and •executed to them notes or writings therefor in the form pre*422scribed by tbe Code, which were recorded, as it provided, in Chambers county, where Ross resided. The cotton in controversy was raised on a farm in Elmore…

2Cases cited1 opinion

  1. Boswell & Woolley v. Carlisle, Jones & Co.Supreme Court of Alabama · 1876

3Cited by8 opinions

  1. Nance v. GraySupreme Court of Alabama · 1904
  2. Stickney v. MooreSupreme Court of Alabama · 1895
  3. Masterson v. GrubbsSupreme Court of Alabama · 1881
  4. Moses Bros. v. Home Building & Loan Ass'nSupreme Court of Alabama · 1893
  5. Eslava v. New York National Building & Loan Ass'nSupreme Court of Alabama · 1898

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