Legal Opinion

Hammock v. Wright & Shaw

Alabama Court of Appeals

Decided December 16, 1919No. 8 Div. 648Published

Appeal from Circuit Court, Franklin County-; C. B. Almon, Judge. Detinue and trover by Wright & Shaw against W. F. Hammock. Judgment for plaintiffs, and defendant appeals. The landlord’s lien was superior to the mortgage under which plaintiff claimed. Section 4734, Code 1907; 130 Ala. 395, 30 South. 443 ; 4 Ala.

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Appeal from Circuit Court, Franklin County-; C. B. Almon, Judge. Detinue and trover by Wright & Shaw against W. F. Hammock. Judgment for plaintiffs, and defendant appeals. The landlord’s lien was superior to the mortgage under which plaintiff claimed. Section 4734, Code 1907; 130 Ala. 395, 30 South. 443 ; 4 Ala. App. 312. 58 South. 115. In any event he was the bailee of the sheriff. 163 Ala. 320, 50 South. 1003; 99 Ala. 573, 12 South. 410; 158 Ala. 123, 48 South. 492; section 4103, Code 1907.

1Opinion of the CourtMerritt, J.

The appellees in this case instituted an action in detinue against the appellant for the recovery of a mule, the complaint being in Code form; and the appellant did not file the plea of the general issue or non detinet, hut filed a special plea, claiming in substance that he was the landlord of his son, James Hammock, and as such had purchased for him to make a crop with two mules; that James Hammock had traded or exchanged one of these mules for the mule in controversy; that James Hammock had never paid him for the two mules sold him; that thereafter the defendant filed suit in attachment at…

2Cases cited8 opinions

  1. Ray v. Fidelity-Phoenix Fire Ins.Supreme Court of Alabama · 1914
  2. Zadek v. ForcheimerAlabama Court of Appeals · 1918
  3. H. H. Hitt Lumber Co. v. TurnerSupreme Court of Alabama · 1914
  4. Miller v. JohnsonSupreme Court of Alabama · 1914
  5. Lucas v. Stonewall InsuranceSupreme Court of Alabama · 1903

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