E. Strickland & Co. v. Lesesne & Ladd

• Decision Date: 22 April 1909
• Parties: E. STRICKLAND & CO. v. LESESNE & LADD.
• Court: Alabama Supreme Court

49 So. 233

160 Ala. 213

E. STRICKLAND & CO. v. LESESNE & LADD.

Supreme Court of Alabama

April 22, 1909

Appeal from Circuit Court, Marengo County; John T. Lackland, Judge.

Action by E. Strickland & Co. against Zenus Forney, in which plaintiffs levied an execution on defendant's property to which Lesesne & Ladd filed a claim. From a judgment for the claimants, plaintiffs appeal. Reversed.

E Strickland & Co. had judgment in the circuit court of Marengo county against Zenus Forney in the sum of $348, on which an execution issued and was levied upon certain live stock of the property of said defendant. Lesesne & Ladd filed a claim thereto under the statute, and on issue made up between them by the court the plaintiff introduced evidence of a judgment execution thereon, and its levy upon the property in the possession of the defendant. The claimants introduced J. E Alston, whose testimony showed that he was the landlord of Zenus Forney, and that Zenus Forney executed to him a note for the rent for the current year 1907, in the sum of $579.40, which note was introduced in evidence, as also a letter, written September 5, 1907, to Messrs. Lesesne & Ladd at Mobile, Ala., which letter was in words and figures, as follows: "I write you to know about Zenus Forney's rent. Most of the time he just gives me a check for his rent when it is due. I thought possibly this would suit you, too. His note is for $579.40, which will be due about the 1st of October, and, of course, if this suits you, he can start to shipping to you as soon as he gets it out; and, as I don't care to handle any cotton, all the notes he has turned over to me, I will turn to you through my banker, and I will see they turn their cotton over to you on Zenus' account, and I want you to do the best you can for him in price," etc. Claimants also offered a sight draft, drawn by the defendant, Zenus Forney, upon them, payable to the order of J. E. Alston, for the sum of $579.40, which was paid by them. The plaintiffs then offered in evidence the fact that this note was indorsed to one W. J. Smiley by Alston as collateral security for an account to be made and that was made by Alston and Smiley, and that the note had remained with Smiley from the time of its indorsement as collateral security to Smiley until the day before the trial, when Alston had procured it from Smiley. It was shown that Forney had not paid the rent notes, except by the drafts given...