Gilliland Mercantile Co. v. Pond Bros.
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. • Action by the Gilliland Mercantile Company, a partnership, in the name of the individual members, against Pond Bros., and the individual members as partners and individuals for the conversion of a bale of cotton, and for destroying a lien on such cotton. Judgment for defendants, and plaintiff appeals.
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Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. • Action by the Gilliland Mercantile Company, a partnership, in the name of the individual members, against Pond Bros., and the individual members as partners and individuals for the conversion of a bale of cotton, and for destroying a lien on such cotton. Judgment for defendants, and plaintiff appeals. The first count was as follows: “Plaintiffs claim of defendant* the sum of $95 damages for that whereas during the year 1912 Yancy Lennard and Nancy Lennard grew a crop of cotton in Coosa county, consisting of not less than 500…
1Opinion of the CourtSomebville, J.
There being no material conflict in the evidence, the only real question in the case is whether, as matter of law, the mortgage given to plaintiff by Yancy Lennard and his mother, Nancy Lennard, in December, 1910, “on all crops * * * raised by us [them] during the present year [1911] and each succeeding year,” fastened a lien on a bale of cotton grown on the same land in 1912 as against both of the mortgagors. If it did, then plaintiff’s lien on the cotton was superior to any lien in favor of either of the mortgagors subsequently springing from their relation of landlord and tenant, and of…
2Cases cited12 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Windham & Co. v. Stephenson & AlexanderSupreme Court of Alabama · 1908
- Paden & Co. v. Bellenger & RallsSupreme Court of Alabama · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wilson v. WindhamSupreme Court of Alabama · 1925
- Avondale Mills v. Abbott Bros.Supreme Court of Alabama · 1926
- Vinson Bros. v. FinlaySupreme Court of Alabama · 1921
- Windham v. WilsonSupreme Court of Alabama · 1923
- Southern Cotton Oil Co. v. FinleySupreme Court of Alabama · 1948
1 more not listed; retrieve them via the Exa API.