Leslie v. Hinson
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried "before tbe Hon. James "W. Lapsley. This action was brought by Joseph L. Hinson, against William W. Leslie, to recover damages for the unauthorized sale and conversion by the defendant of several bales of cotton, on which plaintiff had an unsatisfied mortgage; and was commenced on the 21st March, 1887. The cotton was raised, during the year 1886, by W. P. & C. K. Rhodes, on lands leased by them from one J. W. Leatherwood; and…
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Appeal from the Circuit Court of Lowndes. Tried "before tbe Hon. James "W. Lapsley. This action was brought by Joseph L. Hinson, against William W. Leslie, to recover damages for the unauthorized sale and conversion by the defendant of several bales of cotton, on which plaintiff had an unsatisfied mortgage; and was commenced on the 21st March, 1887. The cotton was raised, during the year 1886, by W. P. & C. K. Rhodes, on lands leased by them from one J. W. Leatherwood; and each of the parties claimed under a mortgage Horn the said Rhodes brothers. The plaintiff’s mortgage was dated January…
1Opinion of the CourtStone, C. J.
— Hinson’s mortgage was deposited with the judge of probate for registration February 1, 1886, but not actually recorded until June 24, 1886. The registration took effect, as constructive notice, from the time of the deposit in the probate office. — Code of 1876, § 2149; Code of 1886, § 1793; Mims v. Mims, 35 Ala. 23; Turner v. McFee, 61 Ala. 468; Heflin v. Slay, 78 Ala. 180.
A mortgage of an unplanted crop does not convey the legal title, but it conveys an equity, which clothes the mortgagee with the right to maintain an action on the case in his own name, against any one who sells the crop…
2Cases cited10 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Barnett v. Warren & Co.Supreme Court of Alabama · 1886
- Heflin v. SlaySupreme Court of Alabama · 1884
- Kelly v. LongshoreSupreme Court of Alabama · 1884
- Mims v. MimsSupreme Court of Alabama · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Seibold v. RogersSupreme Court of Alabama · 1895
- Ballard v. Mayfield, Pitman & Co.Supreme Court of Alabama · 1894
- Chapman & Co. v. JohnsonSupreme Court of Alabama · 1904
- Dilenbeck v. Security Savings BankSupreme Court of Iowa · 1918
- Truss v. HarveySupreme Court of Alabama · 1898
6 more not listed; retrieve them via the Exa API.