Schuessler v. Gains
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Tried before Hon. James E. Cobb. This was an action on the case, brought by the appellant against the appellees, for the purpose of recovering damages for the alleged conversion by the appellees of one bale of cotton, a part of a crop on which the appellant had a lien for advances, of which lien the appellees are charged with notice. The appellees pleaded not guilty, and on this plea the cause was tried.
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Appeal from Chambers Circuit Court. Tried before Hon. James E. Cobb. This was an action on the case, brought by the appellant against the appellees, for the purpose of recovering damages for the alleged conversion by the appellees of one bale of cotton, a part of a crop on which the appellant had a lien for advances, of which lien the appellees are charged with notice. The appellees pleaded not guilty, and on this plea the cause was tried. The appellant, on the trial, after proving its execution and record, offered in evidence the note he relied on, as establishing his lien, which is…
1Opinion of the CourtStone, J.
The statute, Code of 1876, § 3286, introduces a new right, and confers a new remedy, of the class called *558extraordinary. Sueb statutes are strictly construed, and to obtain the benefit of their provisions, the case made must meet all the substantial requirements.—McLester v. Somerville, 54 Ala. 670. This statute has many essentials. The advance must be made “in horses, mules, oxen, or necessary provisions, farming tools and implements, or money to purchase the same.” This, clause must be construed distributively. The advance of any one or more of the articles will meet this requirement of the…
2Cases cited1 opinion
- McLester v. Somerville & McEachinSupreme Court of Alabama · 1875
3Cited by8 opinions
- Duncan v. AshcraftSupreme Court of Alabama · 1898
- Ex parte DavisSupreme Court of Alabama · 1891
- Mooney v. HoughSupreme Court of Alabama · 1887
- Bell & Co. v. HurstSupreme Court of Alabama · 1883
- Boyett v. PotterSupreme Court of Alabama · 1886
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