Foster v. Westmoreland
Supreme Court of Alabama
Appeal from Law and Equity Court of Lawrence. . Tried before Wm. Cooper, Esq., an attorney of the court, the presiding judge being incompetent. The payee of a note executed by appellant for rent of land transferred it by written indorsement to the apppellees Westmoreland and Trousdale.
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Appeal from Law and Equity Court of Lawrence. . Tried before Wm. Cooper, Esq., an attorney of the court, the presiding judge being incompetent. The payee of a note executed by appellant for rent of land transferred it by written indorsement to the apppellees Westmoreland and Trousdale. They, on the ground that appellant had removed a portion of the crops grown on the rented premises, without the consent of the landlord, sued out an attachment which was levied on cotton grown on the premises. The appellant filed several pleas in abatement, alleging in substance that he was not and never had…
1Opinion of the CourtJudge, J.
The provisions of the Revised Code which give to the landlord a lien on the crop for the year’s rent and a remedy for its collection, by the levy of an attachment on the crop, authorizes the remedy in favor of the landlord alone, and it will not lie in favor of the assignee or transferee of the debt. The remedy given by the statute is a proceeding in rem ; and being exclusively statutory, the statute giving it will not, by construction, be extended beyond its terms. Dumas, administrator, v. McLoskey, 5 Ala. 239.
The rulings of the court below having been in conflict with this opinion, the…
2Cases cited1 opinion
- Dumes v. McLoskySupreme Court of Alabama · 1843
3Cited by5 opinions
- Ballard v. Mayfield, Pitman & Co.Supreme Court of Alabama · 1894
- Farrow v. Wooley & JordanSupreme Court of Alabama · 1907
- Abraham v. HallSupreme Court of Alabama · 1877
- Carter v. WilsonSupreme Court of Alabama · 1878
- Lehman, Durr & Co. v. BibbSupreme Court of Alabama · 1876