Legal Opinion

Vinson Bros. v. Finlay

Supreme Court of Alabama

Decided October 20, 1921No. 3 Div. 490PublishedCited by 4 opinions

Appeal from Circuit' Court, Escambia County; A. E. Gamble, Judge. Action by H. D. Finlay against Vinson Bros, and others. Frcpn judgment for plaintiff, defendants appeal. The defendants were entitled to the affirmative charge under the evidence in this case. 188 Ala. 389, 66 South. 460; 16 Ala. App. 649, 81 South. 141; 4 Ala. App. 603, 58 South. 789; 156 Ala. 341, 47 South. 280, 19 L. R. A. (N. S.) 910, 130^ Am. St. Rep. 102; 1 Ala.

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Appeal from Circuit' Court, Escambia County; A. E. Gamble, Judge. Action by H. D. Finlay against Vinson Bros, and others. Frcpn judgment for plaintiff, defendants appeal. The defendants were entitled to the affirmative charge under the evidence in this case. 188 Ala. 389, 66 South. 460; 16 Ala. App. 649, 81 South. 141; 4 Ala. App. 603, 58 South. 789; 156 Ala. 341, 47 South. 280, 19 L. R. A. (N. S.) 910, 130^ Am. St. Rep. 102; 1 Ala. App. 405, 55 'South. 269; 195 Ala. 353, 70 South. 153; 72 Ala. 336 ; 71 Ala. 278; 121 Ala. 329, 25 South. 800; 195 Ala. 65, 70 South. 282; 1 Ala. App. 407, 56…

1Opinion of the CourtSomerville, J.

The action is by a mortgagee of cotton against a subsequent purchaser, for damages for the destruction of plaintiff’s mortgage lien.

[1,2] The mortgage in question was executed to plaintiff by one Kelly on April 15, 1915, and covered all of the cotton and other crops raised during the current year, and every succeeding year until the mortgage was satisfied, on the mortgagor’s own place, or on any place rented by him. The cotton here involved was raised by the mortgagor during the year 1920, on a place rented by him from one Jackson. It is the contention of the defendants — appellants here —…

2Cases cited9 opinions

  1. Hurst v. Bell & Co.Supreme Court of Alabama · 1882
  2. Paden & Co. v. Bellenger & RallsSupreme Court of Alabama · 1888
  3. Ex parte BanksSupreme Court of Alabama · 1913
  4. Fields v. KarterSupreme Court of Alabama · 1898
  5. Sellers & Orum Co. v. HardawaySupreme Court of Alabama · 1914

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Super Valu Stores, Inc. v. PetersonSupreme Court of Alabama · 1987
  2. City of Tallassee v. HarrisSupreme Court of Alabama · 1983
  3. Callahan v. Auburn Production Credit Ass'nSupreme Court of Alabama · 1940
  4. Sewell v. RichardsonAlabama Court of Appeals · 1925

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