Givens v. Easley
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. N. Cook. This was au action of trover brought by'the plaintiff in error against the defendant for the conversion of about seven hundred bushels of corn.
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Error to the Circuit Court of Talladega. Tried before the Hon. N. Cook. This was au action of trover brought by'the plaintiff in error against the defendant for the conversion of about seven hundred bushels of corn. On the trial it appeared that one Penn in the year 1845 rented land to one McKune, who under-let a part of it to the plaintiff; that McKune and the plaintiff both raised crops on it; that the corn raised by the plaintiff was removed from the premises before the rent was paid; and that the landlord sued out an attachment for the purpose of securing his rent, which was first levied…
1Opinion of the CourtDargan, C. J.
It cannot be .denied but that the corn raised by the plaintiff was liable to pay the rent due the landlord. The act of 1821, as well as the act of 1843, prohibits the removal of the crop grown on rented land until the rent is paid. These statutes create a lien on the crop to secure the rent, which may be enforced by attachment if the crop be removed or be about to be removed from off the demised premises before the rent is paid. — Clay’s Dig. 508. But it .is in-, sisted that the sheriff levied on more than was sufficient to pay the rent, and from his neglect McKune, the tenant, was permitted…
2Cited by3 opinions
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Simmons v. Fielder & SessionsSupreme Court of Alabama · 1871
- Wilson & Son v. CurrySupreme Court of Alabama · 1907