96 So. 857 | Ala. | 1923
Demurrer was overruled to the bill, which sought to enforce the landlord's lien on the tenant's interest in a sewing machine.
It is averred that the sewing machine was brought upon the rented premises "by the defendants," and that it was kept by the tenant in the dwelling he rented from complainant. Leader v. Romano,
The case of Alford v. Singer Sewing Machine Co.,
It is not alleged or admitted in the bill that the Singer Sewing Machine Company has a right, title, or interest in the machine; merely that the company claims a "debt due against the same," has repossessed it, and the complainant offers to pay that debt and interest thereon. It was not necessary to allege and prove that such tenant in possession had the fee-simple title to the property, to subject it to the lien of the landlord. The complainant, *630
on his bill, was entitled to his equitable remedy in subjecting thereto the property, subject to the prior claim or equity of the Singer Sewing Machine Company. Glass v. Tisdale,
The judgment of the circuit court, in equity, is affirmed.
Affirmed.
ANDERSON, C. J., and McCLELLAN and SOMERVILLE, JJ., concur.