Legal Opinion

Bufford v. Raney

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 4 opinions

Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was a statutory action of detinue, brought by the appellant, Ike Bufford, against the appellee, G. W. Raney, to recover a horse. The defendant pleaded the general issue.

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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was a statutory action of detinue, brought by the appellant, Ike Bufford, against the appellee, G. W. Raney, to recover a horse. The defendant pleaded the general issue. The plaintiff:, as a witness in his own behalf, testified that the horse sued for formerly belonged to one Joe Woods, and on March 4, 1896, Joe Woods and his wife came to the plaintiff and told him that his horse had been levied upon under an execution issued against sai d Woods in favor of one Ur. Smith, and wo hid be sold by the constable…

1Opinion of the CourtHaralson, J.

— 1. There was no merit in the objections raised to the introduction in evidence of defendant’s mortgage. It recited a debt due from the mortgagor to him, which ivas sufficient evidence of the debt. O'Connor v. Nadel, 117 Ala. 595. The harden was on the plaintiff as purchaser of the mortgaged property, to show that the mortgage debt ivas paid, and, therefore, tlie title was no longer in defendant.' — 3 Brick. Dig. 641, § 111.

2. Nor was there error in excluding from' the jury the answer of the witness, Woods, the mortgagor, to the plaintiff’s question, — “Whether or not said mortgage was given…

2Cases cited1 opinion

  1. O'Conner v. NadelSupreme Court of Alabama · 1897

3Cited by4 opinions

  1. Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
  2. Day v. AdcockAlabama Court of Appeals · 1914
  3. Ingram v. BusseySupreme Court of Alabama · 1901
  4. Russell v. StateAlabama Court of Appeals · 1924

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