Webb & Aigner v. Darrow, 8 Div. 442.
| Decision Date | 05 October 1933 |
| Docket Number | 8 Div. 442. |
| Citation | 150 So. 357,227 Ala. 441 |
| Court | Alabama Supreme Court |
| Parties | WEBB & AIGNER v. DARROW. |
Rehearing Denied Nov. 2, 1933.
Appeal from Circuit Court, Colbert County; J. Fred Johnson, Jr. Judge.
Bill to enforce landlord's lien by Loutie L. Darrow against G. W Roden, W. L. Crittenden, J. C. Crittenden, Charlie Womble, D Kellum, J. B. Barnes, and Frank Dirago, and W. F. Webb and Joe Aigner, individually and as partners composing the firm of Webb & Aigner. From a decree for complainant, respondents Webb & Aigner appeal.
Corrected and affirmed.
F. E. Throckmorton, W. H. Shaw, and C. P. Almon, all of Tuscumbia, for appellants.
Kirk & Rather, of Tuscumbia, for appellee.
This cause involves the landlord's lien on crops of subtenants, or the proceeds of such crops, in the possession of third persons.
Appellee, the landlord, sued by bill in equity.
Demurrers challenging the bill as amended on the ground of adequate remedy at law were not well taken.
The landlord's lien exists apart from the statutory remedy by attachment, and may be enforced by bill in equity. Westmoreland & Trousdale v. Foster, 60 Ala. 448; Price v. Pickett, 21 Ala. 741; Patton v. Darden (Ala. Sup.) 148 So. 806.
The lien follows the proceeds of crops so long as they may be identified in the hands of the tenant or other person with notice of such lien. The equitable action at law for money had and received is merely cumulative and not exclusive of the general jurisdiction in equity for an accounting as for funds impressed with a trust. Westmoreland & Trousdale v. Foster, supra; Starke v. Bernheim, 102 Ala. 464, 14 So. 770; Ehrman v. Oats, 101 Ala. 604, 14 So. 361; Albertville Trading Co. v. Critcher, 216 Ala. 252, 112 So. 907.
It is averred and proven that some, if not all, the crops of the tenant in chief had been applied in part payment of his rent note, and that attachment had been sued out and returned no part of the crop found.
The subtenants, or those in like position, can take nothing on the ground of noncompliance with Code, § 8810. Subtenants, so far as appears, took no steps to protect themselves under Code, § 8812.
The decree against appellants, Webb & Aigner, the only parties appealing, is founded on two claims. The bill charges that appellants ginned twenty or more bales of cotton grown on the lands, and purchased the seed therefrom with knowledge that the cotton was grown by the tenant and subtenants on complainant's lands.
The landlord's lien, as of course, extended to all the cotton, including the seed grown on the rented land. Code, § 8799. No claim is set up to a ginner's lien under Code, § 8914.
While the evidence is circumstantial, a careful study of same, we think, supports a finding that the ginners retained the seed, with notice of the landlord's lien thereon. We, therefore, affirm the decree against appellants for $120 and interest thereon.
The other items entering into the decree under review arose on this wise:
Roden, the tenant in chief, took promissory notes, commercial paper, from his subtenants for the rent to become due from each of them.
Two of these notes, one on J. C. Crittenden for $65, and one on J B....
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Ex parte Morton
...was also affirmed in Johnston v. Johnston, 256 Ala. 485(8), 55 So.2d 838; Patton v. Darden, 227 Ala. 129, 148 So. 806; Webb & Aigner v. Darrow, 227 Ala. 441, 150 So. 357; Kelley v. Woodley, 228 Ala. 401, 153 So. The case of Redd Chemical & Nitrate Co. v. W. T. Clay Mercantile Co., 219 Ala. ......
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Johnston v. Johnston
...So. 183; Phillips v. Birmingham Industrial Co., 161 Ala. 509, 50 So. 77; Patton v. Darden, 227 Ala. 129, 148 So. 806; Webb & Aigner v. Darrow, 227 Ala. 441, 150 So. 357; Kelley v. Woodley, 228 Ala. 401, 153 So. 745; Bradley v. Bentley, 231 Ala. 28, 163 So. 351; Meadows v. Birmingham Federal......
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Macey v. Crum
...& Casualty Co. v. Werfel, 230 Ala. 552, 556, 162 So. 103; Alabama Chemical Co. v. Hall, 212 Ala. 8, 101 So. 456; Webb & Aigner v. Darrow, 227 Ala. 441, 150 So. 357. without considering the extraterritorial effect of the whole statute, as it might bear on substantive rights under an out-of-s......
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Bradley v. Bentley, 7 Div. 306
......1183.". . . And in. the case of Webb & Aigner v. Darrow, 227 Ala. 441,. 150 So. 357, it was ... written contracts. In Tankersley v. Graham, 8 Ala. . [247] 251, the rule was declared by this court, in ......