Legal Opinion

Young v. Garber

Supreme Court of Alabama

Decided December 19, 1906PublishedCited by 12 opinions

Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Action by J. B. Garber against H. T. Young and another for money had and received. From a judgment for plaintiff, defendants appeal.

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Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Action by J. B. Garber against H. T. Young and another for money had and received. From a judgment for plaintiff, defendants appeal. The case was tried upon the following agreed statement of facts: On the 19th day of December, 1900, George Washington owned a certain piece of land, which on said clay he .rented to Margaret Williams, for the year 1901., for 750 pounds of middling lint cotton, or its equivalent in money at 9 cents per pound, at the option of the holder of the note. That before the maturity of said note the lands…

1Opinion of the Court

SIMPSON, J. —

This was an action for money had received, brought by the appellee (plaintiff) against the appellants (defendants). The amount in controversy was originally due on a note given by one Margaret Williams to one Washington, who at that time was the owner of the land, which note-was, for a valuable consideration, and before its maturity transferred to the plaintiff. After said transfer of said rent note, the land, for the rent of which the note was given, was sold under an execution against said Washington to the defendant, and said defendant, without notice of the transfer of said…

2Cases cited4 opinions

  1. Rushton v. DavisSupreme Court of Alabama · 1899
  2. Ala. Gold Life Insurance v. OliverSupreme Court of Alabama · 1884
  3. Kirkpatrick & Co. v. BoydSupreme Court of Alabama · 1890
  4. Lockard v. BartonSupreme Court of Alabama · 1884

3Cited by12 opinions

  1. Christie v. DurdenSupreme Court of Alabama · 1921
  2. Wootten v. VaughnSupreme Court of Alabama · 1919
  3. Brooks v. Greil Bros.Supreme Court of Alabama · 1912
  4. Bank of Moundville v. WalshSupreme Court of Alabama · 1927
  5. First Nat. Bank of Stevenson v. CrawfordSupreme Court of Alabama · 1933

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