J. H. Anders Mercantile Co. v. Rice Bros.
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Action by Rice Brothers, a partnership, against J. H. Anders Mercantile Company, for damages for the destruction of a lien of a mortgage on certain cotton. ¿Judgment for plaintiff and defendant appeals. The court erred in admitting in evidence the record of the mortgage from Sammie Prewitt where the cotton was shown to have been grown by Soonie Prewitt, and also in giving charge 1 for plaintiff.—McNeelv.
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Action by Rice Brothers, a partnership, against J. H. Anders Mercantile Company, for damages for the destruction of a lien of a mortgage on certain cotton. ¿Judgment for plaintiff and defendant appeals. The court erred in admitting in evidence the record of the mortgage from Sammie Prewitt where the cotton was shown to have been grown by Soonie Prewitt, and also in giving charge 1 for plaintiff.—McNeelv. Henderson, 55 South. 269; Farmers Union v. McIntosh, 56 South. 102; Burns v. Campbell, 77 Ala. 271. Plaintiff had not…
1Opinion of the CourtMayfield, J.
Appellees brought an action of case against appellant, to recover damages for the destruction of a lien created by mortgage on several bales of cotton.
Appellant claims title to the cotton by virtue of a mortgage executed on the 1st day of January, 1910; and appellees claim by virtue of a prior mortgage executed in July, 1909. The cotton was grown during the year 1910, and consequently plaintiffs did not acquire the legal title by virtue of the prior mortgage of 1909, but, at best, only an equitable right or lien, of which it is claimed the defendant had actual and constructive notice. The…
2Cases cited8 opinions
- Collier v. FaulkSupreme Court of Alabama · 1881
- Heflin v. SlaySupreme Court of Alabama · 1884
- Windham & Co. v. Stephenson & AlexanderSupreme Court of Alabama · 1908
- Fouche v. SwainSupreme Court of Alabama · 1885
- Seibold v. RogersSupreme Court of Alabama · 1895
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3Cited by5 opinions
- Thrasher v. NeeleySupreme Court of Alabama · 1916
- Vinson Bros. v. FinlaySupreme Court of Alabama · 1921
- Littleton v. AbernathySupreme Court of Alabama · 1915
- Kilgore v. JonesAlabama Court of Appeals · 1917
- J. H. Arnold & Co. v. Pinckard & LayAlabama Court of Appeals · 1918