Herzfeld v. Hayne
Supreme Court of Alabama
Appeal from City Court of Talladega; Marion H. Sims, Judge. Attachment by H. Herzfeld against Isaac Hayne, wherein Miner J. Cliett filed a claim suit. Judgment for claimant, and plaintiff appeals.
Read the full summary
Appeal from City Court of Talladega; Marion H. Sims, Judge. Attachment by H. Herzfeld against Isaac Hayne, wherein Miner J. Cliett filed a claim suit. Judgment for claimant, and plaintiff appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. This case was commenced by an attachment by H. Herzfeld, which was sued out against one Isaac Hayne, and levy was made on three bales of cotton in a warehouse at Childersburg, Ala., showing the levy by the numbers of the warehouse receipts and the weights. The claimant, Miner J. Cliett, filed a claim suit for the cotton on the 1st…
1Opinion of the CourtGardner, J.
One Isaac Hayne had leased from the plaintiff (appellant here) a certain tract of land for a period of several years, including the year 1915; but on February 6, 1915, these parties made a new arrangement whereby the plaintiff sold to said Hayne the said tract of land, executing a bond for title, which recited the purchase money to be $1,000, payable in installments of $200 per year-, with interest; the first note falling due November 1, 1915. There was nothing in this bond for title which provided that plaintiff had any kind of lien in case of the failure to meet any of the notes, or that…
2Cases cited8 opinions
- Bank of Guntersville v. WebbSupreme Court of Alabama · 1895
- British & American Mortgage Co. v. CodySupreme Court of Alabama · 1902
- Dryer v. AbercrombieSupreme Court of Alabama · 1877
- Nelson v. WebbSupreme Court of Alabama · 1875
- Mecklin v. DemingSupreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kennett-Murray Corporation v. John E. BoneCourt of Appeals for the Fifth Circuit · 1980
- American Book Co. v. StateSupreme Court of Alabama · 1927
- Federal Land Bank of New Orleans v. StricklandSupreme Court of Alabama · 1933