Mooneyham v. Herring
Supreme Court of Alabama
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Action between N. H. Mooneyham and Mrs. Gussie Herring, under claim to certain property levied on by Mooneyham as the property of J. F. Herring. Judgment for claimant, and plaintiff appeals.' Transferred from Court of Appeals under Acts 1911, p. 450, § 6. Subtenant’s only right is to have the landlord first exhaust the crops of tenant in chief.
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Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Action between N. H. Mooneyham and Mrs. Gussie Herring, under claim to certain property levied on by Mooneyham as the property of J. F. Herring. Judgment for claimant, and plaintiff appeals.' Transferred from Court of Appeals under Acts 1911, p. 450, § 6. Subtenant’s only right is to have the landlord first exhaust the crops of tenant in chief. Section 4734, Code 1907; 102 Ala. 464, 14 South. 770. The court should have set aside the verdict and granted a new trial, because the verdict was contrary to the evidence. 92 Ala. 630,…
1Opinion of the CourtSayre, J.
Trial of the right of property. An attachment in favor of appellant to collect rent and advances being levied on farm animals and crops on premises belonging to appellant and occupied by J. F. Herring, appellee, wife of defendant in attachment, interposed a claim to the property, and a jury found with her. Appellant claimed that he had let the premises to Herring, and that the latter was indebted to him in a considerable sum on account of advances to him (consisting in the main of an old debt due by defendant to a bank and assumed- by plaintiff) and one-third of the crop as rent. Claimant's…
2Cases cited4 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- McPherson v. StateSupreme Court of Alabama · 1916
- Walker v. WalkerSupreme Court of Georgia · 1853
- Bain v. WellsSupreme Court of Alabama · 1894
3Cited by10 opinions
- Louisville N. R. Co. v. ScottSupreme Court of Alabama · 1935
- Whistle Bottling Co. v. SearsonSupreme Court of Alabama · 1922
- Brooks v. CoxSupreme Court of Alabama · 1970
- Jena Lumber Co. v. Marlowe Lumber Co.Supreme Court of Alabama · 1922
- Mooneyham v. HerringSupreme Court of Alabama · 1923
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