Lomax v. LeGrand & Co.
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before tbe Hon. John A. Muraras. Tbis action was brought by Mrs. Caroline A. Lomax, against M. P. LeGrand & Co., and was commenced on tbe 27th January, 1873. It was a special action on tbe case, claiming $1,500 as damages, for that whereas tbe plaintiff, on tbe 1st January; 1872, rented a certain plantation in Montgomery county, for and during the year 1872, to one J. P. Houser, at and for tbe stipulated rent of $1,350, payable…
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Appeal from tbe City Court of Montgomery. Tried before tbe Hon. John A. Muraras. Tbis action was brought by Mrs. Caroline A. Lomax, against M. P. LeGrand & Co., and was commenced on tbe 27th January, 1873. It was a special action on tbe case, claiming $1,500 as damages, for that whereas tbe plaintiff, on tbe 1st January; 1872, rented a certain plantation in Montgomery county, for and during the year 1872, to one J. P. Houser, at and for tbe stipulated rent of $1,350, payable in three equal installments, of $450 eacb, on the 15th. October, tbe 15th November, 1872, and tbe 1st January, 1873;…
1Opinion of the CourtBrickell, C. J.
1. The statute declares a lien on crops grown on rented premises, for the rent of the current year. Process of attachment is given, as the remedy for the enforcement of the lien, if the crop is removed, or about being removed from the premises, without the consent of the landlord. If removed, the attachment may be levied on it in the possession of the tenant, or one holding it in his right, or in the possession of a purchaser with notice of the lien. — Rev. Code, §§ 2961-63. Rent, at common law, wás a lien — a charge on the goods of the tenant, remaining on the demised premises. The landlord…
2Cases cited5 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Chapman v. GlassellSupreme Court of Alabama · 1848
- McGehee v. GindratSupreme Court of Alabama · 1852
- Governor v. DavisSupreme Court of Alabama · 1852
3Cited by27 opinions
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Scaife & Co. v. StovallSupreme Court of Alabama · 1880
- Rees v. CoatsSupreme Court of Alabama · 1880
- Townsend v. BrooksSupreme Court of Alabama · 1884
- Draper v. WalkerSupreme Court of Alabama · 1893
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