Thornton v. Cook
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. James B. Head. This was an action of trespass by T. E. Thornton against J. C. Cook and others to recover damages for a wrongful taking of goods alleged to be the property of the plaintiff. The plaintiff testified that in January, 1880, one J. H. Pickett owed him six hundred dollars and conveyed to him by mortgage a stock of goods to secure the payment of the debt.
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Appeal from Jefferson Circuit Court. Tried before Hon. James B. Head. This was an action of trespass by T. E. Thornton against J. C. Cook and others to recover damages for a wrongful taking of goods alleged to be the property of the plaintiff. The plaintiff testified that in January, 1880, one J. H. Pickett owed him six hundred dollars and conveyed to him by mortgage a stock of goods to secure the payment of the debt. This mortgage was never recorded and Pickett continued in possession of the goods, carrying on the business as usual, until the 29th of May, 1890, when plaintiff w¿nt from his…
1Opinion of the CourtMcCLELLAN, J.
— It appears that at the time of the sale by Pickett to Thornton, the former owed debts amounting to $1,200 and the only property he then owned was the stock of goods worth from $350 to $400 which he sold to Thornton; but it does not appear that Pickett owed any debts, except that due to Thornton, when he executed the mortgage to the latter four months previous to said sale on what property he then had further than that he then owned a stock of goods worth, less than $1,000. Eor aught that appears, in other words, it may be that when Thornton’s mortgage was executed, Pickett owed no other…
2Cases cited4 opinions
- Hayes v. WestcottSupreme Court of Alabama · 1890
- Owens v. Hobbie & TeagueSupreme Court of Alabama · 1886
- Ullman v. MyrickSupreme Court of Alabama · 1890
- Buford, McLester & Co. v. ShannonSupreme Court of Alabama · 1891
3Cited by9 opinions
- Carroll v. Cash MillsSupreme Court of South Carolina · 1923
- Owen v. S. P. Richards Paper Co.Supreme Court of Georgia · 1939
- Goetter, Weil & Co. v. Smith Bros.Supreme Court of Alabama · 1894
- Industrial Finance Corporation v. TurnerSupreme Court of Alabama · 1926
- Cook v. ThorntonSupreme Court of Alabama · 1895
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