97 Ala. 465 | Ala. | 1892
— There is, manifestly, no equity in this bill. The appellee, the appellant, and The People’s Savings Bank and Trust Company, severally, sued out attachments in a court of law against Erminger, an insolvent. The attachments were issued and levied upon Erminger’s property, in the order above named. Besides other property, they were levied upon Erminger’s leasehold interest in a store-house in Birmingham, Ala., which he had leased from the said People’s Savings Bank and Trust Company, and which he was at that time using as a store-house. The bill avers that the attachment of the People’s Savings Bank and Trust Company was sued out upon the ground that it was the owner of the said store-house,' and that Erminger owed it under his rent contract both for past due rent and for rent to become due under said contract, and that it claimed priority over the other two attaching creditors by reason of its rent-lien, which claim was not disputed by either; that on the 18th day of January following the levy that company procured an order from the City Court of Birmingham, from which the attachment was issued, to sell the said leasehold interest, on
"We are without a brief in the case, and do not know what the complainant’s conception is of the nature of its title. The contention must be, in order to any standing whatever in the Chancery Court, that complainant acquired by its purchase only an equity, and that a sheriff’s sale and conveyance under a judgment in appellee’s attachment suit will convey the legal title, and that its equity is superior in right to that legal title; for, manifestly, if it acquired a legal title by its purchase, coupled with a superior equity, it can successfully defend at law any possessory action which the purchaser at the threatened attachment sale might bring against it. But, it is clear the complainant acquired by its purchase no title whatever, legal or equitable. If the attachment under which it purchased was sued out, under the statute, to enforce a landlord’s lien for rent, the leasehold was not subject to levy under it. The lien exists, and the attachment is directed against and leviable only upon the goods, furniture and effects of the tenant upon or in the rented premises. — Code, § 3069 et seq.; Abraham v. Nicrosi, 87 Ala. 173. The term “effects” must be construed to mean property of the same general nature as “goods” and “furniture” which precede it. A chattel real, such as a leasehold interest in lands, though personal property, has different attributes from those of other chattels. It is an immovable thing, attached to and issuing out of land. The lien conferred by the statute upon landlords of store-houses, Ac., is upon the movable, tangible property of the tenant placed
Affirmed.