Bell v. Tyson
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Lion. John Moore. This action was brought by Yincent EL Bell, against John A. Tyson and T. P. Lightfoot, to recover damages for the defendants’ conversion of certain bales of cotton, on which the plaintiff claimed to have a lien, of which lien he alleged that the defendants had notice when they received and sold the cotton ; and was commenced on 6th October, 1881. The cotton was grown during the year 1880, by L. F.…
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Appeal from the Circuit Court of Lowndes. Tried before the Lion. John Moore. This action was brought by Yincent EL Bell, against John A. Tyson and T. P. Lightfoot, to recover damages for the defendants’ conversion of certain bales of cotton, on which the plaintiff claimed to have a lien, of which lien he alleged that the defendants had notice when they received and sold the cotton ; and was commenced on 6th October, 1881. The cotton was grown during the year 1880, by L. F. Martin and others, on lands which they had purchased from the plaintiff, in De-' cember, 1879. By the terms of said…
1Opinion of the CourtSomeeyille, J.
— We find no error in the rulings of the' Circuit Court in this cause. The defendants were not chargeable with constructive notice of plaintiff’s unrecorded mortgage, executed by Martin and others upon the crops grown upon the land which they had purchased from the plaintiff. It is shown that the defendants knew of the existence of plaintiff’s claim for the purchase-money, but we are aware of no rule of law which makes notice of the existence of a debt to be constructive notice of a secret lien created by an unrecorded mortgage by which such debt is secured. The defendants were purchasers of…
2Cases cited1 opinion
- Wilkinson v. KetlerSupreme Court of Alabama · 1881
3Cited by3 opinions
- Pollak v. DavidsonSupreme Court of Alabama · 1888
- Holly Lumber & Supply Co. v. FriedelMichigan Supreme Court · 1935
- Alabama Machinery & Supply Co. v. Bank of CamdenAlabama Court of Appeals · 1911