Pelzer v. Mutual Warehouse Co.

Appellant sued appellee for the recovery of dam'ages for the destruction of his landlord’s lien for rent on certain cotton raised during the year 1925 on his plantation by his tenant, one Robert Wool-folk, now deceased. The existence and extent of plaintiff’s lien (Craven v. Phillips, 214 Ala. 430, 108 So. 243), and knowledge thereof on the part of the defendant (Lomax v. Le Grand, 60 Ala. 537) was not controverted, but the defense was rested upon evidence tending to show a waiver of the lien by plaintiff. The trial court concluded this evidence was sufficient upon which to submit the…