Legal Opinion

Gunter v. DuBose

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 5 opinions

Attachment by landlord, for Advances to Tenant. Appeal from the City Court of Montgomery. Tried before the Hon. .Thos. M. Arrington.

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Attachment by landlord, for Advances to Tenant. Appeal from the City Court of Montgomery. Tried before the Hon. .Thos. M. Arrington. This action was brought by W. A. Gunter, against John W. DuBose, and was commenced by attachment, sued out on the 30th December, 1882. The affidavit for the attachment was made by the plaintiff himself, and stated, “ that John W. Du-Bose is justly indebted to him, the said W. A. Gunter, in the sum of twelve hundred dollars, after allowing all just off-sets and discounts, for advances made by affiant to said DuBose, who was, at the time of making said advances, a…

1Opinion of the CourtClopton, J.

The statute secures to the landlord a lien on the crop grown on rented land for rent for the current year, and for advances made in money or other thing of value, for the sustenance or well-being of the family, for preparing the ground for cultivation, or for cultivating, gathering, saving, handling, or preparing the crop for market; and also a lien on the articles advanced, and' purchased with money advanced, or obtained by barter in exchange for any articles advanced, for the aggregate price or value of such articles or property. — Code, § 3467. The statute also gives the landlord process…

2Cases cited2 opinions

  1. Cockburn v. WatkinsSupreme Court of Alabama · 1884
  2. Fitzsimmons v. HowardSupreme Court of Alabama · 1881

3Cited by5 opinions

  1. Canty v. SimsAlabama Court of Appeals · 1926
  2. Powell v. StateSupreme Court of Alabama · 1887
  3. Canty v. SimsAlabama Court of Appeals · 1926
  4. Dozier v. RobinsonSupreme Court of Alabama · 1886
  5. Reese v. RugelySupreme Court of Alabama · 1886

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