Report of Cases Argued and Determined in the Court of Appeals of Alabama Volume 17

Report of Cases Argued and Determined in the Court of Appeals of Alabama Volume 17

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...other mortgage relied upon by claimant was executed March 2. 1917. There was testimony from which the jury could find that the claimant had notice of the relation existing between Denny and Burdett, or of such facts as to put him on notice, at the time that the mortgage was executed. In Townsend v. Brooks, 76 Ala. 308, the Supreme Court, in construing section 3482 of the Code of 1876, which is the same as section 4795 of the Code of 1907, said: "If the plaintiff was a superintendent of defendant's plantation, having been employed by him for the current year, 1882, he would have a lien upon the crops grown or raised on such place during that particular year, in and about which he was employed, to the extent of his hire or wages due for services rendered during the currcnt year in the capacity of an agricultural superintcndent. Code. 3482. And this lien, which is given by statute, will prevail against any purchaser of such crops, unless it be a purchaser for value without notice of such lien. Scaife v. Stovall, 67 Ala. 237. Actual knowledge of the lien is unnecessary to charge such purchaser with notice. It is suflicient if he have knowledge of facts calculated to put him upon inquiry; and a knowledge by the purchaser of the relation between the landlord and superintendent, as employer and employe for the current year, and of the further fact that the cotton purchased was raised or grown upon the particular premises where the plaintiff was employed as such superintendent--a knowledge, we repeat. of these two facts, would be snflicient to charge the purchaser with constructive notice of the to plaintifl' beneficiary as to whether, when defendant's superintendent got the policy to attach the rider, or when he more

Product details

  • Paperback | 614 pages
  • 189 x 246 x 31mm | 1,080g
  • United States
  • English
  • black & white illustrations
  • 1236965965
  • 9781236965967