Hardin v. Pulley
Supreme Court of Alabama
Appeal from the Chancery 'Court of Madison. Heard before the lion. S. 1L MoSpadden. The bill in this ease was filed on the 22d August, 1885, by Luty W. and Henry S. Hardin, infant children of Ben jamin L. and Anne E. Hardin, deceased, suing by their next friend, against Robert L. Pulley, as the surety on the official bond of Robert Nance, deceased, as the administrator of said Ben jamin L. Hardin’s estate ; and sought relief as follows: «1st, to charge said Pulley, as…
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Appeal from the Chancery 'Court of Madison. Heard before the lion. S. 1L MoSpadden. The bill in this ease was filed on the 22d August, 1885, by Luty W. and Henry S. Hardin, infant children of Ben jamin L. and Anne E. Hardin, deceased, suing by their next friend, against Robert L. Pulley, as the surety on the official bond of Robert Nance, deceased, as the administrator of said Ben jamin L. Hardin’s estate ; and sought relief as follows: «1st, to charge said Pulley, as surety, with the amount of exemptions of personal property belonging to the estate of said Benjamin L. Hardin, to which the…
1Opinion of the CourtClopton, J.
The statute creates a lien in favor of the landlord, or his assignee, on the crops grown on the rented premises, for the rent of the current year. The lien does not arise from a contract express or implied, but is attached as an incident to the relation of landlord and tenant. Unless such relation, which is the subject of contract, exists, there is nothing to which the lien can attach, and, in consequence, there is no lien.—Scaife v. Stovall, 67 Ala. 237. In respect to the right of complainants to recover their alleged demand for rent, the material question is, whether they and their father,…
2Cases cited8 opinions
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Scaife & Co. v. StovallSupreme Court of Alabama · 1880
- Nicholson v. State ex rel. CollinsSupreme Court of Alabama · 1882
- Moore v. Winston's Adm'rSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bailey's Adm'r v. CampbellSupreme Court of Alabama · 1886
- Pollak v. McNeilSupreme Court of Alabama · 1893
- Findlay v. HardwickSupreme Court of Alabama · 1935
- Story v. McCormickSupreme Court of Kansas · 1904
- Stephen-Putney Shoe Co. v. WhiteSupreme Court of Alabama · 1911
2 more not listed; retrieve them via the Exa API.