Daniel v. M. C. Clayton & Co.

• Court: Alabama Court of Appeals
• Citation: Daniel v. M. C. Clayton & Co., 149 So. 355, 25 Ala.App. 487 (Ala. App. 1933)
• Decision Date: 30 June 1933
• Docket Number: 7 Div. 2.
• Parties: DANIEL et al. v. M. C. CLAYTON & CO.

149 So. 355

25 Ala.App. 487

DANIEL et al. v. M. C. CLAYTON & CO.

7 Div. 2.

Court of Appeals of Alabama

June 30, 1933

Appeal from Circuit Court, Cherokee County; A. E. Hawkins, Judge.

Attachment suit by Eliza B. Daniel and Vera F. Norris against W. M Bishop, and intervention of claim by M. C. Clayton and A. H Trotter, partners doing business as M. C. Clayton & Company. From a judgment for claimants, plaintiffs appeal.

Affirmed.

Irby A. Keener, of Centre, for appellants.

Hugh Reed, of Centre, for appellees.

RICE Judge.

It is without dispute that on January 5, 1932, W. M. Bishop was the owner of the lands upon which were grown the crops here involved. Upon that date he executed to appellees a mortgage covering and conveying his crops to be grown on said lands during the year 1932. The crops here in litigation were so grown.

Appellants' claim is based upon a landlord's lien upon said crops they purchasing the lands in question from Bishop subsequent to the execution by him of the above-mentioned mortgage, and he thereupon becoming their tenant for the balance of the year of 1932.

But appellees' title to the said crops was not thereby disturbed; it being admittedly efficacious when created. Code 1923, § 9008; Gatlin v. King, 22 Ala. App. 627, 118 So. 678.

The question as to whether or not appellees' mortgage had been fully satisfied, etc., prior to the institution of these proceedings, was, under the evidence, one to be settled by the court, sitting, as it did, without, but to...