Taylor & Co. v. Cockrell
Supreme Court of Alabama
Appeal from the Circuit Court of Greene, Tried before the Hon. S. H. Sprott. The facts are sufficiently stated in the opinion, with the addition of the charges therein referred to.
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Appeal from the Circuit Court of Greene, Tried before the Hon. S. H. Sprott. The facts are sufficiently stated in the opinion, with the addition of the charges therein referred to. That requested by the defendant, to the giving of which the plaintiff reserved an exception, was in the following language: “If the mortgages contain a lien on the crop and stock advanced, or stock bought with the money so advanced, and if the jury believe, from the evidence, that two mules were so advanced, and if the jury believe that, the cotton raised, and the mules were turned over to plaintiff, the law…
1Opinion of the CourtClopton, J.
The action is founded on three notes; two bearing date March 2é, 1879, and the other January 23, 1880. They were secured by mortgages on real and personal property, executed cotemporaneously with the notes. Payments were made in each year with a part of the property covered by the mortgages, or its proceeds. The plaintiffs made advances to the defendants during each of the years, exceeding the amount of the notes. The defendants contended that such payments should be applied to the notes secured by the respective mortgages. The plaintiffs insisted that the payments wore applied to the…
2Cases cited5 opinions
- Sanders v. KnoxSupreme Court of Alabama · 1876
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Rutherford v. McIvorSupreme Court of Alabama · 1852
- Cowles v. Garrett's Adm'rsSupreme Court of Alabama · 1857
- Levystein v. WhitmanSupreme Court of Alabama · 1877
3Cited by12 opinions
- McCurdy v. MiddletonSupreme Court of Alabama · 1886
- Rush v. First Nat. Bank of AmarilloCourt of Appeals of Texas · 1913
- A. G. Story Mercantile Co. v. McClellanSupreme Court of Alabama · 1906
- Boyd & Co. v. Jones & PopeSupreme Court of Alabama · 1892
- Jenkins v. MorganCourt of Appeals of Texas · 1916
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