Craven v. Phillips

• Decision Date: 15 April 1926
• Docket Number: 6 Div. 622
• Citation: 214 Ala. 430,108 So. 243
• Parties: CRAVEN v. PHILLIPS.
• Court: Alabama Supreme Court

108 So. 243

214 Ala. 430

CRAVEN v. PHILLIPS.

6 Div. 622

Supreme Court of Alabama

April 15, 1926

Appeal from Circuit Court, Winston County; R.L. Blanton, Judge.

Action by A.J. Craven against Lucien Phillips. Judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals under Code 1923, § 7326. Affirmed.

Williams & Chenault, of Russellville, for appellant.

Chester Tubb, of Haleyville, for appellee.

MILLER J.

This is a suit by A.J. Craven against Lucien Phillips for damages for destroying his lien for rent on two bales of cotton purchased by defendant from plaintiff's tenant, and removing the cotton so the remedy for enforcing the lien for the rent was lost. The complaint alleges plaintiff owned certain land which he rented through his agents to one J.Q. Adorns for the year 1920; the balance of the rent was $250, evidenced by a rent note given by Adams; the tenant Adams went into possession of the land, cultivated it, and raised three bales of cotton thereon that year; the tenant sold and defendant bought two bales of this cotton, with knowledge of plaintiff's lien for rent thereon, or that defendant before and when he purchased this cotton had information which would put him on notice and charge him with knowledge of the lien for rent; that defendant purchased the cotton from the tenant, disposed of it, and destroyed the lien of plaintiff thereon for rent, and the remedy for enforcing the lien for the rent on the cotton was thereby lost to plaintiff.

The defendant pleaded in short by consent not guilty and the statute of limitations. The court, without a jury, tried the cause and rendered judgment in favor of the defendant, and this appeal is prosecuted by plaintiff from that judgment.

There are six errors assigned, but practically only one is argued and insisted on in brief of appellant; that is, the court erred in rendering judgment against plaintiff and in favor of the defendant. Errors assigned, but not insisted on and urged in argument will be considered waived. Ga. Cotton Co. v Lee, 72 So. 158, 196 Ala. 599, headnote 6.

The plaintiff as landlord has a lien, which is paramount to and has preference over all other liens on the crop grown on the rented lands for the current year (1920). Section 4734, Code of 1907, and section 8799, Code of 1923. This lien of the landlord "continues in force and paramount so long as the property remains on the rented premises, and follows its removal from the premises. After removal from the premises it remains paramount against all persons, except such as, for value, without notice, or knowledge of facts calculated to put them on notice, of the existence of the landlord's lien, acquire a right to or lien upon the property." Bush & Co. v. Willis, 30 So. 443, 130 Ala. 399; Lomax v. Le Grand, 60 Ala. 537.

The evidence, without dispute, shows that defendant purchased from J.Q. Adams two bales of...