Robinson & Caldwell v. Mauldin
Supreme Court of Alabama
Error to the Chancery Court of Marengo. The bill was filed by the defendants in error, and alledges that Josiah'Du Bose, of South Carolina, engaged in the business of plainting, in Marengo county, was indebted to them in the sum of $3,366 22, due on the 1st January, 1843, by promissory note, indorsed by one James H. Du Bose, and dated the 26th April, 1842 ; that on the day of the date of the note, Isaiah Du Bose, by James H. Du Bose, his attorney in fact, to secure the…
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Error to the Chancery Court of Marengo. The bill was filed by the defendants in error, and alledges that Josiah'Du Bose, of South Carolina, engaged in the business of plainting, in Marengo county, was indebted to them in the sum of $3,366 22, due on the 1st January, 1843, by promissory note, indorsed by one James H. Du Bose, and dated the 26th April, 1842 ; that on the day of the date of the note, Isaiah Du Bose, by James H. Du Bose, his attorney in fact, to secure the payment thereof, executed a deed of trust to John J. Lomax as trustee, by which he conveyed fifty thousand pounds, of the…
1Opinion of the CourtOrmond, J.
The principal question in the cause, whether a growing crop of cotton, can be the subject of such a conveyance as this, appears to be fully established in the cases of Ravisies v. Alston, 5 Ala. 297, and Adams v. Turner & Horton, Ib. 470, where it is explicitly declared, that a growing crop has such an existence, as may be the subject matter of a sale, mortgage, or other contract, to vest in possession, either immediately or at some future time. This doctrine is well supported, both by reason and authority.
In Curtis v. Auber, 1 Jac. & W. 510, an assignment of the present, and future earnings…
2Cases cited3 opinions
- Marriott v. GivensSupreme Court of Alabama · 1845
- Ravisies v. AlstonSupreme Court of Alabama · 1843
- Moore v. HubbardSupreme Court of Alabama · 1842
3Cited by11 opinions
- Booker v. JonesSupreme Court of Alabama · 1876
- Grand Forks National Bank v. Minneapolis & Northern Elevator Co.Supreme Court Of The Territory Of Dakota · 1889
- Abraham v. CarterSupreme Court of Alabama · 1875
- Purcell's Adm'r v. MatherSupreme Court of Alabama · 1860
- Skipper v. StokesSupreme Court of Alabama · 1868
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