Elder v. First National Bank

On the trial of an issue made by a claim of a bank to certain bales of cotton stored in a warehouse and levied on under a landlord’s special lien for supplies, the judge directed a verdict in favor of the claimant. The only evidence adduced at the trial upon the question as to where the cotton levied on was raised was that of the defendant in fi. fa., who swore positively that it was grown by him on land other than that of the landlord foreclosing the lien. The landlord, whose entire evidence impresses with his candor and conscientiousness, swore that he did not know where the cotton was…