Alabama Machinery & Supply Co. v. Bank of Camden
Alabama Court of Appeals
Appeal from Wilcox Circuit Court. Heard before Hoa. B. M. Miller. Detiaue by Alabama Macbiaery & Supply Company against tbe Bank of Camden for a planer and matcher. Judgment for defendant, and plaintiff appeals.
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Appeal from Wilcox Circuit Court. Heard before Hoa. B. M. Miller. Detiaue by Alabama Macbiaery & Supply Company against tbe Bank of Camden for a planer and matcher. Judgment for defendant, and plaintiff appeals. The plaintiff claimed the title to the property through a contract of sale retaining title to the property executed by T. J. Jones & Co., and the bank claimed through a mortgage executed on said property by the individuals composing the firm of T. J. Jones & Co. and by the firm. The bank secured the possession of the property under the mortgage prior to the suit. The testimony as to…
1Opinion of the CourtWalker, P. J.
The appellant, the plaintiff below, sold and delivered the property sued for in this case to T. J. Jones & Go. The written contract of sale and the notes executed by the purchasers for the unpaid part of the purchase price recited that the title to the property should remain in the appellant until all the purchase-money notes were paid. Before the contract of sale or the notes were filed for record, a mortgage of the same property by Jones & Co. to the appellee, was duly recorded, and the appellee acquired possession of the property under that mortgage. The appellee’s claim to the property…
2Cases cited3 opinions
- Wilkinson v. KetlerSupreme Court of Alabama · 1881
- Simpson & Hall v. HinsonSupreme Court of Alabama · 1889
- Bell v. TysonSupreme Court of Alabama · 1883