Powell v. Hadden's Executors
Supreme Court of Alabama
ERROR to tbe Circuit Court of Sumter. Tried before the Hon. TurNer Reavis. This was a trial of the right of property to some corn and cotton, which was taken under attachment as the property of one Samuel Lewis, at the suit of Elizabeth Hadden, and was claimed by Powell, tbe plaintiff in error. Mrs. Hadden died pending tbe suit, and it was revived in the name of her executors, the defendants in error.
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ERROR to tbe Circuit Court of Sumter. Tried before the Hon. TurNer Reavis. This was a trial of the right of property to some corn and cotton, which was taken under attachment as the property of one Samuel Lewis, at the suit of Elizabeth Hadden, and was claimed by Powell, tbe plaintiff in error. Mrs. Hadden died pending tbe suit, and it was revived in the name of her executors, the defendants in error. There was testimony tending to show, that Mrs. Hadden had sold to said Lewis a certain tract of land, had executed to him her title bond, and bad taken bis notes for the purchase money; that…
1Opinion of the CourtPhelan, J.
— The argument of the counsel for plaintiff in error, contending that the process of attachment, given by statute for the recovery of rent, does not lie except in cases where the relation of landlord and tenant exists; and further, that this relation is not created between vendor and vendee of land, when the vendee has occupied the land, and a rescission of the sale afterwards takes place, and there remains an unsatisfied demand for use and occupation, may be conceded to be true, and yet, not affect a case where that very relation is created by the contract of the parties. The proof in this…
2Cases cited1 opinion
- Seamans v. WhiteSupreme Court of Alabama · 1845
3Cited by2 opinions
- France v. RamseySupreme Court of Alabama · 1926
- Simmons v. Fielder & SessionsSupreme Court of Alabama · 1871