Stern v. Simpson
Supreme Court of Alabama
Appeal from Eufaula City Court. Tried before Hon. Alpheus Baker. This was an action of detinue, brought by the appellant, Mina Stern, against the appellees, Simpson & Johnson, to recover the possession of a certain bale of cotton.
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Appeal from Eufaula City Court. Tried before Hon. Alpheus Baker. This was an action of detinue, brought by the appellant, Mina Stern, against the appellees, Simpson & Johnson, to recover the possession of a certain bale of cotton. It was shown that the cotton in question was raised by one Tall Jones, in the year 1877, on a plantation cultivated by him in Barbour county; that the said Jones had, on the 27th of January, 1877,' executed and delivered to the agent of plaintiff a mortgage on certain lands and four bales of cotton, and that he had delivered the bale of cotton sued for to the…
1Opinion of the CourtBrickell, C. J.
The mortgage to the appellant, so far as it purported to convey the crops of the mortgagor, not planted, but to be subsequently planted, may have been a mere executory contract. Yet, the crops having been grown,' gathered, and delivered to the mortgagee in execution of the contract, he was thereby clothed with a legal title to them, as fully as if they had been in existence, and the subject of grant, when the mortgage was executed. — Bryan v. Smith, 22 Ala. 534; Abraham v. Carter, 53 Ala. 8. The title thus acquired will prevail over that of the appellee, dependent on a subsequent mortgage.…
2Cases cited6 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Abraham v. CarterSupreme Court of Alabama · 1875
- Bryan v. SmithSupreme Court of Alabama · 1853
- Thompson v. SpinksSupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wooten v. . HillSupreme Court of North Carolina · 1887
- Patapsco Guano Co. v. BallardSupreme Court of Alabama · 1894
- Weil v. McWhorterSupreme Court of Alabama · 1891
- Sitton v. DuboisWashington Supreme Court · 1896
- Evington v. Smith Bros.Supreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.