Phillips v. Hartselle
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County ; Robert C. Bricked, Judge. Action by J. M. Phillips against J. M. Hartselle. Prom judgment for defendant, plaintiff appeals.
1Opinion of the CourtBrown, P. J.
This is an action by the appellant, as the holder of a first mortgage, against a junior mortgagee to recover possession of the mortgaged property, which, before the commencement of the suit, had been voluntarily surrendered to the defendant by the mortgagor. There Is no dispute in the evidence as to the existence of a large balance remaining unpaid on the mortgage debt held by the plaintiff.
[1] It is well settled that the mortgagee is the owner of the chattel covered by a mortgage and is entitled to the possession thereof even before the law day of the mortgage in the absence of an express…
2Cases cited3 opinions
- Boswell & Woolley v. Carlisle, Jones & Co.Supreme Court of Alabama · 1881
- Hardison v. PlummerSupreme Court of Alabama · 1907
- Bank of Andalusia v. FreemanSupreme Court of Alabama · 1917
3Cited by2 opinions
- Montgomery v. TuckerSupreme Court of Alabama · 1934
- Manufacturers' Finance Acceptance Corp. v. WoodsAlabama Court of Appeals · 1930