McLester v. Somerville & McEachin
Supreme Court of Alabama
Appeal from Circuit Court of Tuskaloosa. Tried before Hon. W. S. Mudd. This was an action of trover by Somerville & McEacMn, the appellees, against E. & J. McLester, the appellants, to recover damages for the conversion of certain corn and cotton.
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Appeal from Circuit Court of Tuskaloosa. Tried before Hon. W. S. Mudd. This was an action of trover by Somerville & McEacMn, the appellees, against E. & J. McLester, the appellants, to recover damages for the conversion of certain corn and cotton. Both parties deduced title from Caldwell & Durrett, under written instruments executed by them under the following circumstances: Caldwell & Durrett were partners, engaged in the business of planting, in Tuskaloosa county, during the years 1870,1871 and 1872. In the year 1872, the partnership rented the “Caldwell place,” and raised thereon in that…
1Opinion of the CourtManning, J.
The lien for advances to make crops— generally called “the crop lien” — provided for by section 1858 of the Revised Code, “ shall have preference of all other liens, except that for the rent of land.” This is expressly declared in the enactment. The lien takes priority over older liens not of the same nature, though previously obtained by mortgages, or other solemn instruments.
A statute which has this effect must be strictly construed; and the instrument by which the lien is created, must be conformed to all its essential requirements. When the law takes pains to declare that the advances to…
2Cases cited2 opinions
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Harbinson v. HarrellSupreme Court of Alabama · 1851
3Cited by8 opinions
- National Surety Co. v. Bratnober Lumber Co.Washington Supreme Court · 1912
- Evans v. EnglishSupreme Court of Alabama · 1878
- Duncan v. AshcraftSupreme Court of Alabama · 1898
- Lockett v. HurtSupreme Court of Alabama · 1876
- Eade v. First Nat. Bank of CondonOregon Supreme Court · 1925
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