Ryan v. Young
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. O. Kyle. This is an action by Martha L. Young against Ryan and others for the conversion of a stock of goods, the facts of which sufficiently appear in the opinion of the court. Where a mortgagor retains. possession of a stock of goods- and is permitted to sell in the regular course of trade the mortgage is fraudulent. — Roden v. Norton, 128 Ala. 129; Birmingham Go. v. Roden, 110 Ala. 511; Otrcn,sv.
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Appeal from Morgan Circuit Court. Heard before Hon. O. Kyle. This is an action by Martha L. Young against Ryan and others for the conversion of a stock of goods, the facts of which sufficiently appear in the opinion of the court. Where a mortgagor retains. possession of a stock of goods- and is permitted to sell in the regular course of trade the mortgage is fraudulent. — Roden v. Norton, 128 Ala. 129; Birmingham Go. v. Roden, 110 Ala. 511; Otrcn,sv. Robbie, 82 Ala. 466; Benedict v. Renfroe, 75 Ala. 121; Murray v. McNeeley, 86 Ala. 234; McDermott v. Eborn, 90 Ala. 258; O’Neill v. Brewing Go.,…
1Opinion of the CourtDenson, J.
Action of trover by Martha L. Young, plaintiff, against Silas P. Ryan, John L. Brock, and J. F. Lovin, defendants, for an alleged conversion of a stock of goods (drugs). The suit-was commenced on the 2d day of July, 1898. The plaintiff claimed title to the goods by virtue of a mortgage which was executed to her by Thomas M. Cross on the 31st day of January, 1895. The mortgage indebtedness was evidenced by six notes given by the mortgagor to the mortgagee on the *66322(1 clay of January, 1895, each in the sum of $100, and due one year after date.
The complaint as originally filed alleged that the…
2Cases cited21 opinions
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- Fidelity & Deposit Co. v. RobertsonSupreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- McCall v. JonesSupreme Court of Alabama · 1882
16 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Touart v. State ex rel. CallaghanSupreme Court of Alabama · 1911
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Schillinger v. LearySupreme Court of Alabama · 1917
- Sullivan v. MillerSupreme Court of Alabama · 1932
- Hathcock v. MitchellSupreme Court of Alabama · 1965
26 more not listed; retrieve them via the Exa API.