Tison & Gordon v. People's Saving & Loan Ass'n
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. N. S. Graham. On the 12th of February, 1873, William H. Locke, J. W. Oatis, W. O. Sylvester, and John E. Engram, executed and delivered to M. H. Streater & Co., a partnership in Eufaula, Alabama, a mortgage deed or crop lien, as follows: “ State of Alabama, Barbour county.
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Appeal from the Chancery Court of Barbour. Heard before the Hon. N. S. Graham. On the 12th of February, 1873, William H. Locke, J. W. Oatis, W. O. Sylvester, and John E. Engram, executed and delivered to M. H. Streater & Co., a partnership in Eufaula, Alabama, a mortgage deed or crop lien, as follows: “ State of Alabama, Barbour county. Know all men by these presents, tbat we, W. H. Locke, James W. Oatis, William O. Sylvester, and John E. Engram, being justly indebted to the firm of M. H. Streater & Co., in tbe sum of ten thousand dollars, due on the first day of November, 1873, which sum of…
1Opinion of the CourtBrickell, C. J.
1. We can not concur with the chancellor in the opinion, that the instrument under which each of the contending parties deduces title to the cotton in con-; troversy, is operative as a lien under the statute, (Revised, Code, §§ 1858-60.) Nor, if we concurred in the opinion,. *329-can we suppose it would enure to the benefit of the Saving • and Loan Association, so as to entitle it to priority over the appellants. The statutory lien can be .created only by writing, and as a security for a debt having the particular consideration expressed in the statute, and this consideration must be in ■writing…
2Cases cited7 opinions
- Murray v. LylburnNew York Court of Chancery · 1817
- Hair v. LittleSupreme Court of Alabama · 1856
- Bank of Utica v. FinchNew York Court of Chancery · 1848
- Collins v. CarlileIllinois Supreme Court · 1851
- O'Neal v. BrownSupreme Court of Alabama · 1852
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3Cited by17 opinions
- Deans v. WilcoxonSupreme Court of Florida · 1889
- Duncan v. AshcraftSupreme Court of Alabama · 1898
- Huckaba v. AbbottSupreme Court of Alabama · 1888
- Mooney v. HoughSupreme Court of Alabama · 1887
- Goldthwaite v. National BankSupreme Court of Alabama · 1880
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