Ehrman v. Oats
Supreme Court of Alabama
■ Appeal from tlie Circuit Court of Montgomery. Tided before the Hon. John R. Tyson. This was an action on the case brought by the appellant against the appellee ; and sought to recover damages for the taking by the defendant of “three bales of cotton or its proceeds,” on which the plaintiff alleged that he had a landlord’s lien for rent.
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■ Appeal from tlie Circuit Court of Montgomery. Tided before the Hon. John R. Tyson. This was an action on the case brought by the appellant against the appellee ; and sought to recover damages for the taking by the defendant of “three bales of cotton or its proceeds,” on which the plaintiff alleged that he had a landlord’s lien for rent. The complaint filed by the plaintiff in this case was in the following language : ‘ ‘The plaintiff claims of the defendant one hundred dollars damages, for that plaintiff is the holder and owner by transfer of a rent note made by Abner Williams, on the 24th…
1Opinion of the CourtColeman, J.
This was an action on the case by the appellant Ehrman against the defendant Oates. A demurrer was sustained to the complaint, and the plaintiff, declining to amend or plead further, judgment was rendered for the defendant. The only question presented by the record is, whether an action on the case will lie in favor of a landlord against one, with notice, to whom a tenant pays the money, the proceeds of property sold by the tenant upon which the landlord held a lien for rent. The statute gives the landlord a lien upon the crops grown upon the rented premises, and provides that the lien may be…
2Cases cited4 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Price v. PickettSupreme Court of Alabama · 1852
- Barnett v. Warren & Co.Supreme Court of Alabama · 1886
- Scaife & Co. v. StovallSupreme Court of Alabama · 1880
3Cited by18 opinions
- Patton v. DardenSupreme Court of Alabama · 1933
- Webb & Aigner v. DarrowSupreme Court of Alabama · 1933
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1897
- Albertville Trading Co. v. CritcherSupreme Court of Alabama · 1927
- Bradley v. BentleySupreme Court of Alabama · 1935
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