Agee v. Mayer Bros.
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Tried before Luther R. Smith, Esquire, acting as Special Judge. This was an action brought by the appellees against the appellant, to recover damages for the alleged conversion of three bales of cotton.
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Appeal from Marengo Circuit Court. Tried before Luther R. Smith, Esquire, acting as Special Judge. This was an action brought by the appellees against the appellant, to recover damages for the alleged conversion of three bales of cotton. In addition to the facts stated in the opinion, it may be added, that it was shown on the trial that Green, the subtenant, had fully paid bis rent to Howze & Creagh, the tenants in chief; that the appellant offered to prove, in connection with the offer to introduce in evidence the attachment, that he levied the attachment on the crops of the sub-tenant,…
1Opinion of the CourtSomerville, J.
This is an action of trover brought against a sheriff for the alleged conversion of three bales of cotton. The defendant seeks to justify under a writ of attach-*90meat, issued at the instance of a landlord against the crops of his tenants in chief grown on the rented premises. The writ runs against the crops of Howze & Oreagh, who were the tenants in chief, and the cotton in controversy was raised by one Green, an imder-tenant, and by him sold to the appellees who purchased with notice of the landlord’s lien.
It is insisted that the mandate of the writ only authorized a levy upon the particular…
2Cases cited5 opinions
- Ellis v. MartinSupreme Court of Alabama · 1877
- Hawkins v. GillSupreme Court of Alabama · 1844
- DeBardeleben v. CrosbySupreme Court of Alabama · 1875
- Ware v. ToddSupreme Court of Alabama · 1840
- Blair v. MillerSupreme Court of Alabama · 1868
3Cited by5 opinions
- Plunkett v. DendySupreme Court of Alabama · 1916
- Albright v. MillsSupreme Court of Alabama · 1888
- Dunlap v. SteeleSupreme Court of Alabama · 1885
- Drinkard v. StateAlabama Court of Appeals · 1915
- Chandler v. BurkSupreme Court of Alabama · 1924