Drinkard v. State
Alabama Court of Appeals
Selling Property on Which Another. Has a Valid Lien. Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert.
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Selling Property on Which Another. Has a Valid Lien. Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Wesley Drinkard was convicted of selling property on which another had a valid lien, and he appeals A merchant testified to purchasing 1,000 pounds of seed cotton from the wife of defendant, but before it was paid for '“Peck telephoned me not to pay for this load of cotton, and I was afterwards sued by Ethel Drink-ard, -wife of defendant, for the load of cotton, and I paid the money into court and suggested Peck as claimant. Peck came down and failed to file his…
1Opinion of the CourtBrown, J.
The statute gives the landlord a lien, which is paramount to, and has preference over, all other liens, on the crops grown on the “rented lands,’’ *187for rent and for advances made in money or other things of value, either by him directly or by another at his instance, and for which the landlord becomes legally liable at the time before the advances are made, “for the sustenance or well-being of the tenant or his family, or for preparing the ground for cultivation, or for cultivating, gathering, sowing, handling, or preparing the crop for market,” etc. — Code 1907, § 4734. This covers not only…
2Cases cited9 opinions
- Rector v. StateAlabama Court of Appeals · 1914
- Bain v. WellsSupreme Court of Alabama · 1894
- Rose v. StateSupreme Court of Alabama · 1897
- Albright v. MillsSupreme Court of Alabama · 1888
- Jones v. StateSupreme Court of Alabama · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Plunkett v. DendySupreme Court of Alabama · 1916
- Hinton v. BartonAlabama Court of Appeals · 1946