Mutual Warehouse Co. v. Hamilton
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by J. S. Hamilton against the Mutual Warehouse Company. From a judgment for plaintiff, . defendant appeals. The complaint contains two counts — one in trover; the other for failure to deliver the bale of cotton to the holder of the warehouse receipt. The general issue was pleaded.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by J. S. Hamilton against the Mutual Warehouse Company. From a judgment for plaintiff, . defendant appeals. The complaint contains two counts — one in trover; the other for failure to deliver the bale of cotton to the holder of the warehouse receipt. The general issue was pleaded. The facts seem to be that Charles Perry rented a piece of land from Mrs. Nickles and sublet a part to his wife,'Mary Lou Perry. Mary Lou Perry executed a mortgage on her implanted crops to J. S. Hamilton, and the bale of cotton here…
1Opinion of the CourtAnderson, J.
The plaintiff had the legal title to the bale of cotton, under his mortgage, if grown by the mortgagor, which the weight of evidence tended to establish. It is true that Mrs. Nickles, the landlord, had a lien on the cotton paramount to the mortgage, and if she was sued by the mortgagee she could defeat a recovery in trover by showing a rightful possesion, actual or constructive, of the cotton, under her said lien; and so could the defendant defeat a recovery by connecting itself with Mrs: Nickles.
*85It was a question for the jury, however, as to whether or not Mrs. Nickles ever had the…
2Cases cited2 opinions
- Keith & Son v. HamSupreme Court of Alabama · 1890
- Belser v. Youngblood & SonsSupreme Court of Alabama · 1893
3Cited by2 opinions
- Gay & Bruce v. W. B. Smith & SonsSupreme Court of Alabama · 1924
- Johnson v. PruittSupreme Court of Alabama · 1939