Patapsco Guano Co. v. Ballard
Supreme Court of Alabama
Appeal from the Probate Court of Pike. Tried before the Hon. W. J. Hilliard.' The proceedings in these cases were had upon the settlement of Sarah A. Ballard, as administratrix of the estate of J. C. Ballard, deceased, after the said estate had been declared insolvent. J. C. Ballard, a resident citizen of Pike county, Alabama, died in said county in August, 1891, and left surviving him a widow and minor children.
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Appeal from the Probate Court of Pike. Tried before the Hon. W. J. Hilliard.' The proceedings in these cases were had upon the settlement of Sarah A. Ballard, as administratrix of the estate of J. C. Ballard, deceased, after the said estate had been declared insolvent. J. C. Ballard, a resident citizen of Pike county, Alabama, died in said county in August, 1891, and left surviving him a widow and minor children. On the 22d of September, 1891, letters of administration upon said estate were granted to said widow, Sarah A. Ballard. On April 8th, 1895, the estate was duly declared insolvent,…
1Opinion of the CourtHaralson, J.
1. It is provided by statute, that “The claim of the landlord for rent and advances, or for either, may be by him assigned, and the assignee shall be invested with all the landlord’s rights, and entitled to all his remedies for their enforcement. “Code, § 3059. And in the statute for the trial of the right of property, the provision is found, that “This right of trial to property shall include any person who holds a lien upon, or equitable title to such property.” Code § 3004.
*716By former decisions of this court, it was settled, that a mortgage on an unplanted crop does not pass to the mortgagee…
2Cases cited13 opinions
- Meyer v. Johnston & StewartSupreme Court of Alabama · 1875
- Butt v. EllettSupreme Court of the United States · 1874
- Booker v. JonesSupreme Court of Alabama · 1876
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Foster v. FosterSupreme Court of Alabama · 1929
- British & American Mortgage Co. v. CodySupreme Court of Alabama · 1902
- Electric Lighting Co. v. RustSupreme Court of Alabama · 1897
- First Nat. Bank of Stevenson v. CrawfordSupreme Court of Alabama · 1933
- Cassady v. WilliamsSupreme Court of Alabama · 1937
12 more not listed; retrieve them via the Exa API.