Foxworth v. Brown Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. ■ Tried before the Hon. William S. Anderson. This was an action of assumpsit, brought by the appellant, Francis G. Foxworth, against the appellees, Brown Brothers, and sought to recover the sum of $550 due plaintiffs January 1, 1893, as for money had and received by the defendants for the use of the plaintiff.
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Appeal from the Circuit Court of Mobile. ■ Tried before the Hon. William S. Anderson. This was an action of assumpsit, brought by the appellant, Francis G. Foxworth, against the appellees, Brown Brothers, and sought to recover the sum of $550 due plaintiffs January 1, 1893, as for money had and received by the defendants for the use of the plaintiff. The money sought to be recovered from the defendants was an amount due from one Shamberger upon a note which he had given to the plaintiff for the rent of a plantation owned by the plaintiff and known as the McNeil Place. The facts of the case…
1Opinion of the Court
HARALSON, J. —
It is properly admitted by appellees, that when one purchases cotton grown upon rented land, with notice of the landlord’s lien thereon, and sells it *302and receives the money therefrom, and appropriates it to his own use, assumpsit will lie by the landlord for the money had and received. — Booker v. Jones, 55 Ala. 275 ; Barnett v. Warren & Co., 82 Ala. 558; 1 Brick. Dig. 140, §§ 72, 73.
Actual knowledge is not necessary to charge a purchaser of cotton from the tenant with notice of the lien of the landlord on the same. Whatever is sufficient to put him on inquiry, is also…
2Cases cited9 opinions
- Booker v. JonesSupreme Court of Alabama · 1876
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Boyd v. StateSupreme Court of Alabama · 1889
- Townsend v. BrooksSupreme Court of Alabama · 1884
- Kyle v. WardSupreme Court of Alabama · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1897
- Street v. TreadwellSupreme Court of Alabama · 1919
- Alabama State Land Co. v. SlatonSupreme Court of Alabama · 1897
- Campbell v. HughesSupreme Court of Alabama · 1907
8 more not listed; retrieve them via the Exa API.