Stickney v. Dunaway & Lambert
Supreme Court of Alabama
Detinue. Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Detinue by Dunaway & Lambert against J. B. Stickney, for a mule colt. Judgment for plaintiffs and defendant appeals. Both parties claim title through Will Hinton, and it was competent to sIioay Iioaa” many mules Hinton had, and also the color of the mule.
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Detinue. Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Detinue by Dunaway & Lambert against J. B. Stickney, for a mule colt. Judgment for plaintiffs and defendant appeals. Both parties claim title through Will Hinton, and it was competent to sIioay Iioaa” many mules Hinton had, and also the color of the mule. Plaintiffs had notice of mortgage on a mule colt named Traveller in the possession of Will Hinton, and within four months after the giving of the mortgage bought the only mule colt in his possession, and hence, charge 1 given for plaintiff AVas error. — 114 Ala. 299; 60…
1Opinion of the CourtMcCLELLAN, J.
Detinue, for a mule, by subsequent purchasers (appellees) from mortgagor against the mortgagee (appellant). The mortgage was seasonably recorded in January, 1907. In May of that year the appellees purchased an animal from the mortgagor. The mortgage, among other chattels, contained the description of “1 sorrel mule colt Traveller.” The complaint describes the property sued for as “one bay horse mule.”
The plaintiffs invoked their protection under the doctrine of bona fide purchaser for value and without notice. The court, at their instance, charged the jury as *467follows: “ I charge you. that the…
2Cases cited10 opinions
- Howard v. StateSupreme Court of Alabama · 1895
- Ellis v. MartinSupreme Court of Alabama · 1877
- Woods v. RoseSupreme Court of Alabama · 1902
- Holman v. ClarkSupreme Court of Alabama · 1906
- Connally v. SpraginsSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1912
- In Re HagendorferCourt of Appeals for the Eleventh Circuit · 1986
- Stewart v. ClemensSupreme Court of Alabama · 1929
- Gossett v. MorrowSupreme Court of Alabama · 1914
19 more not listed; retrieve them via the Exa API.