Kinston Supply Co. v. Kelly
Supreme Court of Alabama
Appeal from Circuit Court, Coffee County; H. A. Pearce, Judge. Action by J. R. Kelly, revived in the name of Ms executors, against the Kinston Supply Company, for damages for destroying a lien. Judgment for the plaintiff, and the defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The contract between Lawrence and Kelly, directed to be set out, is as follows: “The State of Alabama, Geneva County.
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Appeal from Circuit Court, Coffee County; H. A. Pearce, Judge. Action by J. R. Kelly, revived in the name of Ms executors, against the Kinston Supply Company, for damages for destroying a lien. Judgment for the plaintiff, and the defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The contract between Lawrence and Kelly, directed to be set out, is as follows: “The State of Alabama, Geneva County. “This agreement, made and entered into this 23d day of. January, 1913, by and between J. R. Kelly, the party of the first part, and B. L. Lawrence, the party of the…
1Opinion of the CourtBrown, J.
This is the second appeal in this case. Kinston Supply Co. v. Kelly, 200 Ala. 151, 75 South. 899.
This is an action of trespass on the case by tlie appellee against the appellant to recover damages for the destruction of a lien for rent alleged to have existed in favor of the plaintiff as landlord, of one Lawrence on certain cotton grown on land theretofore owned by the plaintiff and sold to Lawrence, as evidenced by a writing of date January 23,1913, which will appear in the statement of facts in the report of the case.
It is manifest from the averments of the complaint that the plaintiff…
2Cases cited12 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Hawkins v. StuddardSupreme Court of Georgia · 1909
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Cotton v. CottonSupreme Court of Alabama · 1883
- Collins v. WhighamSupreme Court of Alabama · 1877
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3Cited by1 opinion
- Walker v. WalkerSupreme Court of Alabama · 1954