Reports of Cases Argued And Determined in the Supreme Court of ..., volume 133
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 133
Alabama Supreme Court
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Digitized by Google -901] OF ALABAMA. 303 [Winston Jones ft Co. v. Peebles.] rents, was the property of the tenants, and independent of any contract 'a® to advances, constituted no part of the assets of the estate. If the cotiton due from the ten- ants for advances, became a part of the assets of the es- tate, it x^-as bj' virtue of the contract which is the founda- tion of this suit, since the supplies and advances so made were obtained through the i-ontract. To hold that this cotton constitut...ed a part of the assets of the estate, would be in effect a ratification of the contract. The advances to make this cotton came from Winston Jones & Co. undei" the contract It would be wholly unjusti- fiable to ratify ithe contract as to the estate, and at the same time repudiate it as to Winston Jones & Co. In equity the cotton representing the advances made to raise and grow the same, and which Avas received by the respondents from the tenants on (the debt for sucli ad- vances, was pur
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