Hickman v. Thomas
Supreme Court of Alabama
Hrror to the Circuit Court of Jefferson. Tried before the Hon. John D. Phelan. Thomas, the defendant in error, claiming under a deed of trust, executed on the 25th October 1848, by William H. Grimes, brought an action of detinue against the plaintiff in error to recover eight horses.
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Hrror to the Circuit Court of Jefferson. Tried before the Hon. John D. Phelan. Thomas, the defendant in error, claiming under a deed of trust, executed on the 25th October 1848, by William H. Grimes, brought an action of detinue against the plaintiff in error to recover eight horses. The plaintiff in error, who was the defendant below, rested his defence upon the assertion of a lien on the horses, the foundation of which will be sufficiently understood by reference to the facts noticed in the opinion of the court. 1. The first question raised by the record is the extent of a landlord’s lien.…
1Opinion of the CourtDargan, C. J.
The first question to be ascertained is whether Hickman, the defendant below, had a lien on the 'horses to pay for their feed ? If he had not, it is immaterial ■to enquire whether the deed of trust from Grimes to the plaintiff was duly recorded or not, for the deed as between Grimes and Thomas the plaintiff is valid, and if the defendant had no lien on the horses he cannot resist a recovery. '
The defendant is an inn keeper at Elyton, Grimes was a snail contractor, and carried the mail by stage coaches from *669Tuscaloosa to the Blue Pond, about one hundred and forty miles. The horses were used by…
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- Cross v. WilkinsSupreme Court of New Hampshire · 1861
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