Frazier v. Thomas
Supreme Court of Alabama
Writ of Error to the County Court of Sumter county. The declaration has three counts; the first is trover for 50 bags of cotton; and the other two are in case for removing a quantity of cotton grown upon land leased by the plaintiff to one Barron, without paying or tendering the plaintiff, the amount due for the rent.
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Writ of Error to the County Court of Sumter county. The declaration has three counts; the first is trover for 50 bags of cotton; and the other two are in case for removing a quantity of cotton grown upon land leased by the plaintiff to one Barron, without paying or tendering the plaintiff, the amount due for the rent. The last count set out the use and occupation of the premises .by Barron, the growing of the cotton upon the land, its liability to pay the rent and its removal by the defendant, whereby the rent was lost. It also avers that the cotton was subject to a lien of the plaintiff, and…
1Opinion of the CourtGoldthwaite, J.
1. The common law remedy of distress was abolished by the act of 1812, [Clay’s Digest, 506, § 2,] and therefore, if the landlord had any lien upon the goods of his tenant when this action accrued, it must have been under the act of 1821, which is in these terms: “The crop grown on any rented land in this State, shall not be liable to be taken by virtue of any execution, or removed off the premises of any such rented land, unless the party so taking the same shall, before the removal of the crop from the premises, pay or tender to the landlord or less-, or thereof, or his agent, all money due…
2Cited by3 opinions
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- City Nat. Bank v. NelsonSupreme Court of Alabama · 1926
- Bailey v. LoebUnited States Circuit Court · 1875