Dulany v. Dickerson
Supreme Court of Alabama
Error to the Circuit Court of Talladega. The plaintiff sued the defendant before a justice of the peace, and obtained judgment, from which the defendant appealed to the circuit court, where the plaintiff declared in as-sumpsit. On the trial in that court, the following facts were in evidence. The plaintiff’s demand was for the rent of land, for which he was to receive a part of the crop from one Wilson, the tenant.
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Error to the Circuit Court of Talladega. The plaintiff sued the defendant before a justice of the peace, and obtained judgment, from which the defendant appealed to the circuit court, where the plaintiff declared in as-sumpsit. On the trial in that court, the following facts were in evidence. The plaintiff’s demand was for the rent of land, for which he was to receive a part of the crop from one Wilson, the tenant. That Wilson sold the crop to the defendant, who removed it from the premises, without paying the rent due for that year, and that the plaintiff had sued Wilson, and recovered a…
1Opinion of the CourtOrmond, J.
The case of Thompson v. Spinks, at the present term is a decisive authority, that this action cannot be maintained. In that case the landlord brought trespass against a sheriff, who had levied an execution against the tenant, on cotton produced on rented land, which the tenant had removed off the premises, without paying the rent. It was held he could not maintain trespass, because he had no property, either general or special, in the cotton, but merely a lien upon it, for the payment of the rent, and that not having either the actual possession, or the general property, which would draw to…
2Cited by6 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Thompson v. MerrimanSupreme Court of Alabama · 1849
- Governor v. DavisSupreme Court of Alabama · 1852
- Bank of Ramer v. DerdenSupreme Court of Alabama · 1924
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