Adams v. Tanner
Supreme Court of Alabama
Whit of Error to the Circuit Court of Sumter. This was a trial of the right of property under the statute. In November, 1840, an execution issued from the circuit court of Sumter, at the suit of the plaintiff in error, requiring the sheriff of that county, to make of the goods, &c., of Allen Harrison and others, the sum of thirty-seven hundred and seventy-seven 80-100 dollars, besides costs.
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Whit of Error to the Circuit Court of Sumter. This was a trial of the right of property under the statute. In November, 1840, an execution issued from the circuit court of Sumter, at the suit of the plaintiff in error, requiring the sheriff of that county, to make of the goods, &c., of Allen Harrison and others, the sum of thirty-seven hundred and seventy-seven 80-100 dollars, besides costs. This execution was levied on thirty bales of cotton, as the property of Allen Harrison, which was claimed, and a bond giyen to try the right. An issue was made up to try the question of the liability of…
1Opinion of the CourtCollier, C. J.
There can be no doubt that a growing crop has such an existence as to be the subject matter of a sale, mortgage, or other contract which possess an interest to vest in possession, either immediately or at some future time. This proposition has frequently been assumed as unquestionable; the point of inquiry generally being, whether under a statute of frauds, such as the 29 Chas. 2, it is a mere chattel, and transferrable-by parol without writing. [Chitty on Con. 241-2,332; Whipple v. Foot, 2 Johns. Rep. 422; Stewart v. Doughty, 9 Johns. Rep. 112; *743Austin v. Sawyer, 9 Cow. Rep. 39. See also…
2Cited by5 opinions
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