Legal Opinion

Clanton v. Eaton

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 3 opinions

Appear from the Circuit Court of Jackson. Tried before the I-Ion. John B. Tally. This action was brought by Wm. H. Clanton, against John TL Eaton, who was his tenant; and sought to enforce, by attachment against the defendant’s crop, a statutory lien for advances made to the defendant by one Hall, a merchant, at the instance and request of the plaintiff, as he alleged.

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Appear from the Circuit Court of Jackson. Tried before the I-Ion. John B. Tally. This action was brought by Wm. H. Clanton, against John TL Eaton, who was his tenant; and sought to enforce, by attachment against the defendant’s crop, a statutory lien for advances made to the defendant by one Hall, a merchant, at the instance and request of the plaintiff, as he alleged. In the oral charge to the jury, the court said : “If the goods were purchased by the defendant' on his own account, and without any knowledge on his part of an arrangement between the plaintiff and Hall, then there is no lien.”…

1Opinion of the CourtClopton, J.

Appellant sued out an attachment to enforce a landlord’s lien for advances made to defendant, his tenant, by C. A. Hall, a merchant, for which appellant became bound before the time the advances were made. The evidence, without conflict, shows the following facts : Defendant was the tenant of plaintiff during the year 1888. During that year, he purchased from Hall goods and supplies, of the character mentioned in the statute creating the landlord’s lien. Before Hall sold him any goods or supplies, plaintiff consented and agreed that Hall could sell the same to defendant on credit, and he…

2Cases cited4 opinions

  1. Kenan v. HollowaySupreme Court of Alabama · 1849
  2. Evans v. Billingsley's Adm'rSupreme Court of Alabama · 1858
  3. Bell & Co. v. HurstSupreme Court of Alabama · 1883
  4. Wray v. CoxSupreme Court of Alabama · 1854

3Cited by3 opinions

  1. Gerson & Sons v. NormanSupreme Court of Alabama · 1895
  2. Griffith & Warren v. BiggersSupreme Court of Alabama · 1921
  3. Landrum & Co. v. WrightAlabama Court of Appeals · 1914

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