Masterson v. Bentley
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. W. B. Wood. This action was brought by Robert E. Bentley, against Thomas Masterson and James E. Griffin; was commenced on the 28th August, 1875; and was founded on an attachment bond, which was dated on the 27th November, 1874, and conditioned that the said Thomas Masterson, who was the plaintiff in the attachment, should prosecute his said attachment to effect, and pay the defendant therein, said Robert E.…
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. W. B. Wood. This action was brought by Robert E. Bentley, against Thomas Masterson and James E. Griffin; was commenced on the 28th August, 1875; and was founded on an attachment bond, which was dated on the 27th November, 1874, and conditioned that the said Thomas Masterson, who was the plaintiff in the attachment, should prosecute his said attachment to effect, and pay the defendant therein, said Robert E. Bentley, all such damages as he might sustain from the wrongful and vexatious suing out of said attachment. The complaint…
1Opinion of the CourtBrickell, C. J.
The statute confers on a landlord the right to pursue by attachment the crop grown on rented premises, when the tenant, without his consent, has removed, or is about removing, the whole, or any part of it, without payment of the rent (R. O. §§ 2961-63). Neither the intent of the tenant in removing, nor the distance from the demised premises to which the crop may be removed, is material. It is the fact of removal, or of the intent to remove, manifested by some overt act or declaration, which is the ground of at*522tachment. The language of the statute renders it incapable of any other…
2Cited by3 opinions
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1896
- Turner v. WilcoxSupreme Court of Oklahoma · 1912
- Knowles v. SellSupreme Court of Kansas · 1889