Hawkins v. Damson & Abraham
Supreme Court of Alabama
Appeal from Madison Law and Equity Court. Heard before Hon. James H. Ballentine. Action by J. W. B. Hawkins against Damson & Abraham on account and for conversion. From a judgment for defendants, plaintiff appealed to the Court of Appeals, whence the case was transferred, to the Supreme Court under Acts 1911, p. 449, § 6. The plaintiff claims a lien by way of an assignment of an account for advances made by Stephens to Lee.
Read the full summary
Appeal from Madison Law and Equity Court. Heard before Hon. James H. Ballentine. Action by J. W. B. Hawkins against Damson & Abraham on account and for conversion. From a judgment for defendants, plaintiff appealed to the Court of Appeals, whence the case was transferred, to the Supreme Court under Acts 1911, p. 449, § 6. The plaintiff claims a lien by way of an assignment of an account for advances made by Stephens to Lee. It seems from the pleading and the facts that Stephens rented Lee two pieces of land, which Stephens had rented from Spragins, and advanced Lee $100 to buy a mule, and…
1Opinion of the CourtAnderson, J.
The undisputed evidence shows that Stephens had rented the land upon which part of the cotton was grown from R. E. Spragins, and that said Stephens subrented it to Lee, who raised the cotton. This made Stephens the landlord of Lee, notwithstanding they made the rent notes payable to Spragins, and with which he had nothing to do, as he rented the land to Stephens, never saw the notes, and never knew that Lee had rented from Stephens. Stephens, being the landlord of Lee, had a lien under the statute for the advances made his tenant; and the plaintiff, the assignee of the claim, became the…
2Cases cited2 opinions
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- First National Bank v. NelsonSupreme Court of Alabama · 1894
3Cited by6 opinions
- Miller v. JohnsonSupreme Court of Alabama · 1914
- Daves v. LufkinSupreme Court of Alabama · 1930
- Bank of Tupelo v. ThompsonSupreme Court of Alabama · 1914
- Gurley v. Henderson Nat. BankAlabama Court of Appeals · 1926
- Parker-Blake Co. v. LaddAlabama Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.