Schiffer v. Feagin
Supreme Court of Alabama
Appeal from tbe Chancery Court of Barbour. Heard before the Hon. B. B. McCbaw. The bill in this case was filed by James M. Feagin, against the appellants, a mercantile firm doing business in the city of New York; and sought to enjoin the defendants from selling a certain tract of land, under a power of sale contained in a mortgage executed to them by Robert H. Haynes, and for a redemption and account of the mortgage debt.
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Appeal from tbe Chancery Court of Barbour. Heard before the Hon. B. B. McCbaw. The bill in this case was filed by James M. Feagin, against the appellants, a mercantile firm doing business in the city of New York; and sought to enjoin the defendants from selling a certain tract of land, under a power of sale contained in a mortgage executed to them by Robert H. Haynes, and for a redemption and account of the mortgage debt. The defendants’ mortgage was dated the 20th August, 1866 ; conveyed, in addition to the land, two hundred bales of the mortgagor’s growing crop of cotton; and was given to…
1Opinion of the CourtBrickell, J.
The law gives a factor a lien on goods in his possession, for his advances, expenses, commissions, and for any balance due him on general account. But, if the goods come to his possession under a special contract, the lien cannot be asserted in opposition to the terms and conditions of such contract. Thus, if a broker or factor receives goods to sell, and to apply the proceeds in a particular manner, or to the payment of a particular debt, a lien for a general balance due him cannot be set up, to defeat the specific appropriation of the proceeds of sale made by the contract under which the…
2Cases cited5 opinions
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Bank of Utica v. FinchNew York Court of Chancery · 1848
- Swilley v. LyonSupreme Court of Alabama · 1851
- Harker v. ConradSupreme Court of Pennsylvania · 1825
- Hughes v. WorleyCourt of Appeals of Kentucky · 1808
3Cited by12 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- First Nat. Bank of Sallisaw v. BallardSupreme Court of Oklahoma · 1914
- Witherington & Co. v. MasonSupreme Court of Alabama · 1888
- In re Elmore Cotton MillsDistrict Court, S.D. Alabama · 1914
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