Barksdale v. Bullington
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard, before Hon. Robert C. Brickell. Detinue by Fletcher Barksdale against Mrs. Ida Bullington for a mule, together with the use and hire thereof. Judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911 (Laws 1911, p. 449). The plea was non detinet.
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Appeal from Limestone Circuit Court. Heard, before Hon. Robert C. Brickell. Detinue by Fletcher Barksdale against Mrs. Ida Bullington for a mule, together with the use and hire thereof. Judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911 (Laws 1911, p. 449). The plea was non detinet. The description of the mule contained in the complaint was one black mare mule named 'Mat, about eight years old in 1914. It appears from the evidence that plaintiff wrote the name of the mortgagee, L. D. Calhan, under the following…
1Opinion of the Court
THOMAS, J. —
This was a suit by Fletcher Barksdale, appellant, against Mrs. Ida Bullington, appellee, in detinue, for a mule specifically described, to which the defendant in the court below pleaded non detinet. The plaintiff based his claim to the property sued for on a note and mortgage, which the reporter will set out in the statement of facts.
As preliminary to offering the mortgage in evidence, it was shown that the mortgagor, L. D. Calahan, could not write his name, and that his name was written to the note and mortgage by Fletcher Barksdale, plaintiff, and payee in the mortgage; that the…
2Cases cited24 opinions
- Estate of KnoxSupreme Court of Pennsylvania · 1890
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853
- Sheehan v. KearneyMississippi Supreme Court · 1903
- Carlisle v. Peoples BankSupreme Court of Alabama · 1898
- Russell v. WalkerSupreme Court of Alabama · 1882
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3Cited by8 opinions
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