60 Ala. 520 | Ala. | 1877
The statute confers on a landlord the right to pursue by attachment the crop grown on rented premises, when the tenant, without his consent, has removed, or is about removing, the whole, or any part of it, without payment of the rent (R. O. §§ 2961-63). Neither the intent of the tenant in removing, nor the distance from the demised premises to which the crop may be removed, is material. It is the fact of removal, or of the intent to remove, manifested by some overt act or declaration, which is the ground of at
Some stress seems to have been placed by the Circuit Court on the fact, that the removal of the cotton was to a house on other lands of the landlord. If the motive of the tenant in removing the crop was material, this fact would be of importance, as would also the manner of removal — whether it was open or clandestine. But this motive is immaterial. The cotton was not placed in the possession of the landlord —it was removed from the rented premises, and was the subject of an alienation by the tenant, which would have defeated the lien of the landlord, and which could not have been made while the crop was on the premises.
The charge given by the Circuit Court was erroneous; and the judgment must be reversed, and the cause remanded.