Legal Opinion

King v. Henderson & Bruce

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 1 opinion

Appeal from the Circuit Court of Marengo. Tried, before the Hon. John C. Anderson. This was an action on the case brought by the appellees, Henderson & Bruce, against the appellant, John J. King, to recover damages for the defendant’s taking possession of a mule from the tenant of the plaintiffs, and thereby preventing the plaintiffs from enforcing their lien on said mule, and collecting their debt.

Read the full summary

Appeal from the Circuit Court of Marengo. Tried, before the Hon. John C. Anderson. This was an action on the case brought by the appellees, Henderson & Bruce, against the appellant, John J. King, to recover damages for the defendant’s taking possession of a mule from the tenant of the plaintiffs, and thereby preventing the plaintiffs from enforcing their lien on said mule, and collecting their debt. The complaint as originally filed contained a single count in trovar; and a count stating an action of trespass on the case was filed by amendment. The court gave the general affirmative charge in…

1Opinion of the CourtMcCLELLAN, C. J.

The theory for plaintiffs is that they sold the mule in question to a tenant of theirs to enable him to make a crop on the rented lands, that the sale was on a credit, that to secure the payment of the purchase money they as landlords had a lien on the mule under section 2703 of the Code of 1896; that the defendant has prevented their enforcement of this lien by wrongfully intermeddling with and taking away the property, and that therefore their debt has been lost and they are to that extent damaged. But they do not show in this case what amount they sold the mule for, nor even that any part…

2Cases cited1 opinion

  1. Karter v. FieldsSupreme Court of Alabama · 1900

3Cited by1 opinion

  1. Kinston Supply Co. v. KellySupreme Court of Alabama · 1917

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API