Reese v. Rugely
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by G. M. Reese against Jim Rugely, and was commenced by attachment sued out on the 7th December, 1885. The affidavit for the attachment was made by the plaintiff himself, and stated “ that he rented land to one Jim Rugely during tire year 1884 and the current year, 1885, and advanced to said Rugely, for the sustenance and well-being of himself and his family, and for the…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by G. M. Reese against Jim Rugely, and was commenced by attachment sued out on the 7th December, 1885. The affidavit for the attachment was made by the plaintiff himself, and stated “ that he rented land to one Jim Rugely during tire year 1884 and the current year, 1885, and advanced to said Rugely, for the sustenance and well-being of himself and his family, and for the purpose of preparing the land for cultivation, or for cultivating, gathering, sowing, handling or preparing the crop for…
1Opinion of the CourtClopton, J.
— The defects in the affidavit, as averred in the plea in abatement, are, that it fails to show tiiat the advances were made during the existence or continuance of the tenancy, and that the demand was made after the maturity of the debt. The statute declares, that whenever a tenant fails to discharge his indebtedness for advances, and continues his tenancy under the same landlord, the balance due shall be held as an advance towards making the crop of the succeeding year, for which a lien shall attach upon the crop. — Code, 1876, § 3469. To constitute the balance due a new advance, it is not…
2Cases cited2 opinions
- Morrison v. StevensonSupreme Court of Alabama · 1881
- Gunter v. DuBoseSupreme Court of Alabama · 1884