Davis & Co. v. Thomas
Supreme Court of Alabama
Appeal from Dale Circuit Court. Heard before Hon. A. A. Evans. Detinue by J. H. Davis & Co. against F. A. Thomas. From a judgment for defendant, plaintiff appeals. Mortgages on personalty must be recorded in the county in which the grantor resides, and also in the county where the property is at the date of the conveyance. — Section 999, Code 1896 and citation.
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Appeal from Dale Circuit Court. Heard before Hon. A. A. Evans. Detinue by J. H. Davis & Co. against F. A. Thomas. From a judgment for defendant, plaintiff appeals. Mortgages on personalty must be recorded in the county in which the grantor resides, and also in the county where the property is at the date of the conveyance. — Section 999, Code 1896 and citation. After plea by the defendant, the suit properly proceeds iñ the name of the plaintiff partnership and not in the name of the members of the firm. — 122 Ala. 264; 87 Ala. 263; 60 Ala. 269 ; 44 Ala. 584. Defendant having purchased the…
1Opinion of the CourtDenson, J.
This is an action of detinue to recover a horse. The plaintiff acquired title to the horse by virtue of a mortgage executed to him on the 9th day of February, 1905, at Enterprise in Coffee county, by one J. W. Knighten. The law day of the mortgage was October 1, 1905, and suit was commenced after that date. The evidence shows without conflict that at the time the mortgage was executed Knighten was not only domiciled at Coffee Springs, in Geneva county, but was a resident citizen of that county. It is further shown without conflict in the evidence that Knighten owned the horse and kept him in…
2Cases cited2 opinions
- Pollak v. DavidsonSupreme Court of Alabama · 1888
- Malone v. BedsoleSupreme Court of Alabama · 1890
3Cited by25 opinions
- State Farm Automobile Insurance Co. v. ReavesSupreme Court of Alabama · 1974
- Abramson v. HardSupreme Court of Alabama · 1934
- Department of Industrial Relations v. DrummondAlabama Court of Appeals · 1941
- Thomas v. BrookSupreme Court of Alabama · 1963
- Bell v. PritchardSupreme Court of Alabama · 1962
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