Cleckler v. Childress
Alabama Court of Appeals
Appeal from Circuit Court, Chilton County; Leon McCord, Judge. Trover and conversion by J. D. Cleckler against H. T. Childress and J. J. Stanley. Judgment for defendants, and plaintiff appeals. The plaintiff claims as a purchaser from S. P. Cleckler by virtue of a mortgage executed by S. P. Cleckler to S. J. Reynolds.
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Appeal from Circuit Court, Chilton County; Leon McCord, Judge. Trover and conversion by J. D. Cleckler against H. T. Childress and J. J. Stanley. Judgment for defendants, and plaintiff appeals. The plaintiff claims as a purchaser from S. P. Cleckler by virtue of a mortgage executed by S. P. Cleckler to S. J. Reynolds. The indorsement on the mortgage is as follows: “I have this day transferred $13.50 to J. D. Cleckler without recourse, this the 11th day of November, 1916. [Signed] S. J. Reynolds.” It appears that H. T. Childress was a constable, and as such constable he levied an execution in…
1Opinion of the CourtBrown, P. J.
[1, 2] The indorsement on the mortgage offered in evidence by the plaintiff does not purport to transfer the mortgage to the plaintiff, and while it may be sufficient in connection with other evidence to invest the plaintiff with the equitable title, it does not invest the plaintiff with such title as would authorize him to maintain an action of trespass for the wrongful taking, or trover for the wrongful conversion of the property embraced in the mortgage. Sanders v. Rogers, 77 South. 69; The evidence as to the sale of the mare by S. P. Cleckler to the plaintiff is not without dispute or…
2Cases cited3 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Sanders v. RogersAlabama Court of Appeals · 1917
3Cited by2 opinions
- Tatum v. Montgomery Banking Co.Alabama Court of Appeals · 1947
- Ancora Corp. v. SteinDistrict Court, S.D. Alabama · 1970