Legal Opinion

Nolen v. the Great Combine, Inc.

Supreme Court of Alabama

Decided February 26, 1993No. 1911458Published

1Opinion of the Court

MADDOX, Justice.

The issue in this case concerns the rights of a judgment creditor who sought a garnishment against crop proceeds payable to the debtor/tenant versus the rights of a landlord who sought to exercise his statutory lien on the proceeds. After an ore tenus hearing, the trial court held that the crops had been sold by the debtor/tenant with the consent of the landlord and with no agreement that any rent should be paid out of the proceeds. That being the case, the trial court ruled that there was no enforceable lien and allowed the garnishment proceedings to continue. We affirm.

John…

2Cases cited2 opinions

  1. Lynaum Funeral Home, Inc. v. HodgeSupreme Court of Alabama · 1991
  2. Johnson v. PruittSupreme Court of Alabama · 1939

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