A. B. Vandergrift & Son v. Hawkins
| Decision Date | 13 May 1909 |
| Citation | 49 So. 754,160 Ala. 430 |
| Parties | A. B. VANDERGRIFT & SON v. HAWKINS. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Jefferson County; A. H. Alston, Judge.
Assumpsit by A. B. Vandergrift & Son against J. W. Hawkins. From a judgment for defendant, plaintiffs appeal. Affirmed.
The testimony tended to show that one Evans and defendant made a contract to farm on shares; Hawkins furnishing the land and team, and Evans the labor. Evans executed to the plaintiff a mortgage on his share of the crop, but before the crop was gathered Evans was arrested for some reason, and when he was released from jail he returned to the farm, but, seeing nothing in the crop for himself, abandoned it and went to work in a coal mine. Hawkins finished cultivating the crop, and had it gathered, and sold it, and this suit is to recover for the interest that the firm had in Evans' part of the crop.
John D. Strange and Ward & Rudolph, for appellants.
Kerr & Haley, for appellee.
The suit in this case was brought by the appellants against the appellee. The basis of the suit is a mortgage made by one G. B. Evans of his supposed interest in a crop of cotton, corn, etc., which had then been planted (but not gathered) on the land of the defendant, under a contract by which the said Evans furnished the labor and said defendant the teams--which he was to feed--and the land, and the crop was to be equally divided.
Under section 4743 of the Code of 1907 this arrangement constituted a contract of hiring. Consequently the title to the crops was in the defendant, Hawkins, and not in Evans; and, as Evans had no property in the crop, his mortgage could not convey any interest therein.
There was no error in the exclusion of the evidence as to the plaintiff's offering to gather the crop, nor as to the amount due plaintiff by Evans; and the court properly gave the general charge in favor of the defendant.
The judgment of the court is affirmed.
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Crow v. Beck
... ... 817; Foust v. Bains Bros., 167 Ala. 115, 52 So. 743, ... where laborers sought to mortgage their interests; ... Vandegrift & Sons v. Hawkins, 160 Ala. 430, 49 So ... 754; Johnson v. McFry, 13 Ala. App. 619, 68 So. 718; ... decided before the last amendment as to fertilizers; ... Hudson ... ...
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