Brown v. Coats
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before tbe Hon. W. L. Whitlock. Tbis action was brought by G. E. Coats, against T. 0. Brown, and was commenced by a statutory attachment for advances, alleged to have been made by tbe plaintiff, as landlord for the defendant, to enable him to make a crop on land rented to him by the plaintiff during the year 1875. The attachment was sued out on the 25th December, 1875, before a justice of tbe peace, on tbe ground that the…
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Appeal from the Circuit Court of Etowah. Tried before tbe Hon. W. L. Whitlock. Tbis action was brought by G. E. Coats, against T. 0. Brown, and was commenced by a statutory attachment for advances, alleged to have been made by tbe plaintiff, as landlord for the defendant, to enable him to make a crop on land rented to him by the plaintiff during the year 1875. The attachment was sued out on the 25th December, 1875, before a justice of tbe peace, on tbe ground that the defendant was about to remove his crop from tbe premises without paying tbe amount due to plaintiff, which was stated to be…
1Opinion of the CourtStone, J.
A fundamental error which underlies this case, and exerts a controlling influence in the determination of many of the questions presented, is a misapprehension of the relations subsisting between the parties. As the evidence discloses, they were tenants in common, not landlord and tenant. — Smyth v. Tankersly, 20 Ala. 212 ; Thompson v. Mawhinney, 17 Ala. 362., 2. But the question, whether the attachment was rightly sued out, was matter of abatement only, and could only be *443raised by plea in abatement; and if sued out on a demand for wbiob attachment in the particular case would not lie, the…
2Cases cited11 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Thompson v. MawhinneySupreme Court of Alabama · 1850
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Van Dyke v. StateSupreme Court of Alabama · 1854
- Jordan v. HazardSupreme Court of Alabama · 1846
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Rees v. CoatsSupreme Court of Alabama · 1880
- Crews v. HarlanTexas Supreme Court · 1905
- Rich v. ThorntonSupreme Court of Alabama · 1881
- Cooper v. OwenSupreme Court of Alabama · 1935
14 more not listed; retrieve them via the Exa API.