Legal Opinion

Chadwick v. Russell

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 12 opinions

Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. The appellant, J. T. Chadwick, brought this action against the appellee, W. W. Russell, to recover damages for the wrongful taking and conversion of certain specifically described personal property. In the complaint there was a count for trespass and one for trover. Issue joined was upon the plea of the general issue.

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Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. The appellant, J. T. Chadwick, brought this action against the appellee, W. W. Russell, to recover damages for the wrongful taking and conversion of certain specifically described personal property. In the complaint there was a count for trespass and one for trover. Issue joined was upon the plea of the general issue. The evidence showed that one Bush being the owner of the property involved in the controversy, executed a mortgage thereon to the defendant on July 18, 1894, which mortgage was duly recorded the…

1Opinion of the CourtMcCLELLAN, J.

A plausible, if not a forcible, argument can be made and has been made'in this case for a difference between the registration of a mortgage of realty and one of personalty in respect of constructive notice to sub-purchasers under the mortgagor; the insistence being that the record should be, as it is, notice to all sub-purchasers of real estate, but should not be notice to any except the immediate purchasers of’ personalty ; but we think the argument should be addressed to the legislature and not to the courts. Under the law as written we see no room, for the distinction. Section 1814 of the…

2Cases cited1 opinion

  1. O'Neal v. SeixasSupreme Court of Alabama · 1887

3Cited by12 opinions

  1. Stickney v. Dunaway & LambertSupreme Court of Alabama · 1910
  2. Grove v. Great Northern Loan Co.North Dakota Supreme Court · 1908
  3. Forbush v. San Diego Fruit & Produce Co.Idaho Supreme Court · 1928
  4. Argo v. Sylacauga Mercantile Co.Alabama Court of Appeals · 1915
  5. Union State Bank of Wapato v. WarnerWashington Supreme Court · 1926

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