Boyett v. Potter
Supreme Court of Alabama
Appeal from Butler Circuit Court. Tried beford Hon. John P. Hubbard. This was an action for money had and received commenced in February, 1883, by Thomas. F. Potter against Boyett & Wimberly, a mercantile firm of Greenville, Ala.
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Appeal from Butler Circuit Court. Tried beford Hon. John P. Hubbard. This was an action for money had and received commenced in February, 1883, by Thomas. F. Potter against Boyett & Wimberly, a mercantile firm of Greenville, Ala. The amount in controversy was the proceeds of certain cotton sold by the defendants; the plaintiff asserting title thereto under the following instrument which was introduced in evidence: “State of Alabama, Butler county, Greenville, Ala., Februry 6th, 1882, $50. “On the 1st day of October next, I promise to pay to Boyett & Wimberly, or order, the sum of fifty…
1Opinion of the Court
CLOPTON J.
Neither of the instruments set out in the record — the one under which the plaintiff claims, nor the one under which the defendants claim — is sufficient to create a statutory lien. It has been frequently and well settled, that the statute, giving liens for advances to make crops, which displace and override all other liens though of prior date, except the lien of the landlord for rent and advances, must be strictly construed ; and the note, or obligation must, in its terms, substantially conform to the requirements of the statute. The lien can only be created-as security for a…
2Cases cited11 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Evans v. EnglishSupreme Court of Alabama · 1878
- Early & Lane v. OwensSupreme Court of Alabama · 1880
- Glaze v. BlakeSupreme Court of Alabama · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Peagler v. StablerSupreme Court of Alabama · 1890
- Moody v. WalkerSupreme Court of Alabama · 1889
- Ernst Bros. v. HollisSupreme Court of Alabama · 1888
- Steiner Bros. v. ClisbySupreme Court of Alabama · 1893
- Darden v. Gerson & WinterSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.