Kilpatrick v. Harper
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Tried before Hon. J. W. Foster. This was an action of-detinue brought by t'he appellee, Paul Harper, against the appellant, W. W. Kirkpatrick, to recover a certain quantity of corn.
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Appeal from Geneva Circuit Court. Tried before Hon. J. W. Foster. This was an action of-detinue brought by t'he appellee, Paul Harper, against the appellant, W. W. Kirkpatrick, to recover a certain quantity of corn. On the trial of the case it was shown that the corn sued for was raised on the land of the defendant under a contract between him and the plaintiff, substantially as follows: The defendant furnished the lands, and Avas to pay for one-third of the fertilizer used, if any, and the plaintiff was to cultivate the crop, furnish the mules and farming implements and Avas to give the…
1Opinion of the CourtMcCLELLAN, J.
By the terms of section 3064 of the Code (1886) the relation of landlord and tenant existed between the parties to this suit in respect of the corn sued for. The property therefore belonged to the tenant, the plaintiff, and the defendant, the landlord, had a lien on it for the payment of the rent. It follows that plaintiff was entitled to the possession of the property; and the court did not err, there being' no conflict in the evidence, in giving' the affirmative charge in his faAror.
Affirmed.
2Cited by2 opinions
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