Foster v. Johnson
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. James E. Cobb. This action was brought by Sterling J. Foster, against Cornelius Johnson, to recover a mule, “with the value of the hire or use thereof during the detention, namely, from the 2d October, 1879;” and was commenced on the 16th January, 1880. The defendant pleaded non detinet, and a special plea of tender, alleging that the plaintiff claimed the mule under a mortgage, and that the amount of the mortgage…
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Appeal from the Circuit Court of Macon. Tried before the Hon. James E. Cobb. This action was brought by Sterling J. Foster, against Cornelius Johnson, to recover a mule, “with the value of the hire or use thereof during the detention, namely, from the 2d October, 1879;” and was commenced on the 16th January, 1880. The defendant pleaded non detinet, and a special plea of tender, alleging that the plaintiff claimed the mule under a mortgage, and that the amount of the mortgage debt ($83.90) was tendered to him before the commencement of the action. There was a demurrer to the plea of tender,…
1Opinion of the CourtStone, J.
One of the defenses relied on in this case is-fraud, alleged to have been practiced on the defendant by the plaintiff, in procuring his signature to the mortgage, which is the title relied on for the recovery of the mule sued for. That defense is permissible in this action, and, if made out, is a comjilete defense to the suit. In other words, if the plaintiff, by misrepresentation of what the paper contained, or by any other fraudulent means, obtained defendant’s signature to a paper he did not intend to sign, and did not-' know he was signing, this is *252fraud in the execution of the…
2Cases cited5 opinions
- Underwood v. PeopleMichigan Supreme Court · 1875
- Paysant v. WareSupreme Court of Alabama · 1840
- Dickinson v. Lewis, Garthwaite & Co.Supreme Court of Alabama · 1859
- Morris v. HarveySupreme Court of Alabama · 1842
- State v. BrantleySupreme Court of Alabama · 1855
3Cited by22 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Little v. SuggSupreme Court of Alabama · 1942
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
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