Chapman v. First Nat. Bank of Montgomery
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. JOHN E. TysoN. This was an action for money had and received, and was brought by the First National Bank of Montgomery against B. E. Chapman at the January Term, 1898; and was tried upon the following agreed statement of facts: “ That on the 81st of August, 1888, E. J. Chambers was indebted to said plaintiff (First Nat.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. JOHN E. TysoN. This was an action for money had and received, and was brought by the First National Bank of Montgomery against B. E. Chapman at the January Term, 1898; and was tried upon the following agreed statement of facts: “ That on the 81st of August, 1888, E. J. Chambers was indebted to said plaintiff (First Nat. Bk.) in a large sum of money, to-wit, fifteen hundred- dollars ($1,500.00), and to secure the same, executed to the plaintiff a mortgage on certain personal property, including the two mules (the proceeds of…
1Opinion of the CourtHaralson, J.
Tbe only ‘question presented by this record is, lias tbe statutory lien of a livery-stable keeper, given by § 3089 of tbe Code, for tbe keeping and feeding of stock, precedence over a mortgage on tbe animals previously given by tbeir owner, — tbe law-day of tbe mortgage having past and tbe animals remaining in the possession of tbe mortgagor. That section reads, “Any keeper, owner or proprietor of a livery stable, shall have a lien on all stock kept and fed by him, for tbe payment for bis charges for keeping and feeding such stock, and be shall have tbe right to retain tbe stock, or so much…
2Cases cited12 opinions
- Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
- Heflin v. SlaySupreme Court of Alabama · 1884
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Bissell v. . PearceNew York Court of Appeals · 1863
- Smith v. StevensSupreme Court of Minnesota · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- First National Bank of Mountain View v. WilsonSupreme Court of Oklahoma · 1915
- Payne v. BoutwellSupreme Court of Alabama · 1935
- Carrol Mercantile Co. v. FolmarAlabama Court of Appeals · 1915
- Grubb v. LashusUtah Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.