Tallassee Falls Mfg. Co. v. First National Bank
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by the First National Bank of Alexander City against the Tallassee Falls Manufacturing Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by the First National Bank of Alexander City against the Tallassee Falls Manufacturing Company. From a judgment for plaintiff, defendant appeals. The second count of the complaint is as follows: “Plaintiff further claims of defendant the sum of $150, for that, whereas, the plaintiff held and owned a mortgage executed and delivered to it by W. O. McDaniel, which mortgage covered the entire crop of corn, fodder, cotton, cotton seed, oats, wheat, peas, potatoes, and all other agricultural products grown and raised by…
1Opinion of the CourtDowdell, C. J.
The second count of the complaint failed to aver the time of the alleged conversion. Form 24, p. 1199, Civ. Code 1907; Mobile, J. & K. C. R. R. Co. v. Bay Shore Lumber Co., 158 Ala. 622, 48 South. 377; Williams v. McKissack, 125 Ala. 544, 27 South. 922. The demurrer was well taken on this ground, and should have been sustained.
The second plea Avas indefinite and uncertain in averment as to the OAvnership of the alleged prior lien, and was therefore open to the demurrer. If the OAvnership of the lien Avas in a third person, then the averments of the plea Avere insufficient, under the authority…
2Cases cited6 opinions
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
- Williams v. McKissackSupreme Court of Alabama · 1899
- Keith & Son v. HamSupreme Court of Alabama · 1890
- Mobile J. & K. C. R. R. v. Bay Shore Lumber Co.Supreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Hamilton v. HamiltonSupreme Court of Alabama · 1950
- Pinckard v. CasselsSupreme Court of Alabama · 1915
- Albertville Trading Co. v. CritcherSupreme Court of Alabama · 1927
- Kilgore & Son v. Shannon & Co.Alabama Court of Appeals · 1912
8 more not listed; retrieve them via the Exa API.