Kilpatrick v. Harper

Decided July 1, 1898

Supreme Court of Alabama · decided 1898-07-01

Tried before Hon. J. W. Foster. This was an action of-detinue brought by t'he appellee, Paul Harper, against the appellant, W. W. Kirkpatrick, to recover a certain quantity of corn.

Good law ✅— No negative treatment on recordhow we know

Decided 1898-07-01

How this case has been cited

Cited by 3 later decisions — most recently January 1925

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

McCLELLAN, J.

¶1By the terms of section 3064 of the Code (1886) the relation of landlord and tenant existed between the parties to this suit in respect of the corn sued for. The property therefore belonged to the tenant, the plaintiff, and the defendant, the landlord, had a lien on it for the payment of the rent. It follows that plaintiff was entitled to the possession of the property; and the court did not err, there being' no conflict in the evidence, in giving' the affirmative charge in his faAror.

¶2Affirmed.