Manasses v. Dent
Supreme Court of Alabama
Appeal from tbe Circuit Court of Barbour. Tried before tbe Hon. Jesse M. Carmichael. Tbis action was brought by S. H. Dent against J. Manasses, to recover damages for tbe defendant’s tortious act in receiving and selling several bales of cotton, alleged to bave been raised by one P. A. Butts, on lands wbicb be bad rented from tbe plaintiff, whereby plaintiff’s lien as landlord was lost; and was commenced on tbe 15th April, 1889. In January, 1888, said Butts executed a…
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Appeal from tbe Circuit Court of Barbour. Tried before tbe Hon. Jesse M. Carmichael. Tbis action was brought by S. H. Dent against J. Manasses, to recover damages for tbe defendant’s tortious act in receiving and selling several bales of cotton, alleged to bave been raised by one P. A. Butts, on lands wbicb be bad rented from tbe plaintiff, whereby plaintiff’s lien as landlord was lost; and was commenced on tbe 15th April, 1889. In January, 1888, said Butts executed a mortgage to defendant, conveying all tbe crops raised by him during tbe year 1888, with other property,, for advances and…
1Opinion of the CourtClopton, J.
Tbe sole question urged in tbe argument of appellant’s counsel, relates to tbe sufficiency of tbe information received by him to charge him with notice of tbe landlord’s lien, and arises upon tbe refusal of tbe court to give tbe following charge: “If, at tbe time Manasses took tbe mortgage, and at all times afterwards, and up to tbe time of receiving tbe cotton, be was led to believe by Butts that tbe cotton was grown upon bis own lands; then tbe information given by Butts in tbe previous Fall was not sufficient to constitute constructive notice to Manasses of Dent’s *567lien.” The suit is a…
2Cases cited2 opinions
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Simpson & Hall v. HinsonSupreme Court of Alabama · 1889
3Cited by8 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Pyeatt v. EstusSupreme Court of Oklahoma · 1916
- Carmichael v. StateSupreme Court of Alabama · 1916
- Overall v. TaylorSupreme Court of Alabama · 1892
- Atkinson v. JamesSupreme Court of Alabama · 1892
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