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121 Ala. 603

Varner & Co. v. Ross

Supreme Court of Alabama

Decided November 15, 1898

Supreme Court of Alabama · decided 1898-11-15

Tried before the Hon. J. M. Carmichael. This was a trial of the right of property. Isaac Ross attached a part of the crop of Jas. Wairtch to enforce his lien as landlord. Ross had given to the tenant the paper set out in the opinion on which W. D. Varner & Oo. advanced to the tenant-; and afterward interposed a claim in the attachment suit on the ground that Ross had waived his lien on all the cotton raised by the tenant except two bales.

Affirmed · Decided 1898-11-15

McOLELLAN, C. J.

¶1— We construe the paper writing involved in this case, which is as follows: “I hold Jim Wairtch’s rent note for three bales of cotton. I agree to waive the rent on one bale for the year 1896, Isaac Ross,” to mean that the landlord waived, not his claim for three bales of rent or any part of it, but his lien on one bale of the crop made by the tenant to secure the payment of the three bales or their value. The effect was merely to give the tenant power to dispose of one bale of the crop free from the landlord’s lien. As to the remainder of the crop, including that in suit- — the one bale having been appropriated by claimants — -the landlord’s lien to secure the three bales due him as rent was in force, and superior to claimants’ mortgage. So held-the circuit court, and its judgment is affirmed.

¶2Affirmed.

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