Hussey v. Peebles
Supreme Court of Alabama
Appeal from Circuit Court of Limestone. Tried before Hon. ¥m. S. Mudd. Appellant’s testator, Lane, brought his action on the case against Peebles & Son for receiving from sub-tenants cotton grown on the rented land, having knowledge of plaintiff’s lien for rent, and converting the same to their own use by selling and shipping it, &c. R. B. Peebles having died, the suit was continued against his son as surviving partner.
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Appeal from Circuit Court of Limestone. Tried before Hon. ¥m. S. Mudd. Appellant’s testator, Lane, brought his action on the case against Peebles & Son for receiving from sub-tenants cotton grown on the rented land, having knowledge of plaintiff’s lien for rent, and converting the same to their own use by selling and shipping it, &c. R. B. Peebles having died, the suit was continued against his son as surviving partner. The testimony shows that Lane, in 1870, rented his “Dancy place” to Elam Sharpe for the yearly rent of $ 4,000; that said Sharpe sub-let the place to various sub-tenants, who…
1Opinion of the CourtBrickell, C. J.
The important question presented by the record is, whether a landlord, whose rent remains unpaid, can maintain a special action on the case against the purchaser, with notice of the landlord’s lien, of cotton grown on the rented premises by sub-tenants, which the purchaser removes from the State and converts into money, thereby depriving the landlord of the opportunity of pursuing the statutory remedy by attachment of the cotton for the rent.
The common law method of distress for rent was abolished in this State in 1812. Clay’s Dig. 506, § 2. The English statute of 8 Anne, ch. 14, prohibiting…
2Cases cited7 opinions
- Fowler v. RapleySupreme Court of the United States · 1872
- Thompson v. SpinksSupreme Court of Alabama · 1847
- Hawkins v. GillSupreme Court of Alabama · 1844
- Kelly v. McCawSupreme Court of Alabama · 1856
- Whidden v. ToulminSupreme Court of Alabama · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Collier v. FaulkSupreme Court of Alabama · 1881
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Barnett v. Warren & Co.Supreme Court of Alabama · 1886
- Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
29 more not listed; retrieve them via the Exa API.