Malone v. Bedsole
Supreme Court of Alabama
Statutory Detinue for Mule. Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by Travis Bedsole against Malone & Collins, to recover a mule, which the plaintiff claimed under a purchase in August, 1888, from one O. C. Russell, and which the defendants claimed as the assignees of a mortgage executed by said O. O. Russell to William Russell in March, 1888. The mortgage was executed in Geneva county, where the mortgagor…
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Statutory Detinue for Mule. Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by Travis Bedsole against Malone & Collins, to recover a mule, which the plaintiff claimed under a purchase in August, 1888, from one O. C. Russell, and which the defendants claimed as the assignees of a mortgage executed by said O. O. Russell to William Russell in March, 1888. The mortgage was executed in Geneva county, where the mortgagor resided, and was there duly recorded; but it was never recorded in Coffee county, where the plaintiff obtained it by…
1Opinion of the Court
CLOPTON, J
— On March 19, 1888, O. O. Russell executed to William Russell a mortgage on the mule in controversy. At the date of the mortgage, the mortgagor resided in Geneva county, where the mule was also, in which county the mortgage was recorded within three days after its execution. About August 1,1888, the mortgagor rode the mule to plaintiff’s mill in Coffee county, carrying corn tobe ground; and while at the mill, he and plaintiff made an exchange, plaintiff giving him two horses for the mule. Plaintiff kept possession of the mule in Coffee county for eight months before he had notice…
2Cases cited3 opinions
- Carew v. Love's Adm'rSupreme Court of Alabama · 1857
- Hardaway v. SemmesSupreme Court of Alabama · 1863
- Brainard v. McDevittSupreme Court of Alabama · 1852
3Cited by12 opinions
- Davis & Co. v. ThomasSupreme Court of Alabama · 1908
- Pulaski Mule Co. v. Haley & KoonceSupreme Court of Alabama · 1914
- Hammels v. SentousCalifornia Supreme Court · 1907
- Norris v. KellySupreme Court of Alabama · 1947
- Argo v. Sylacauga Mercantile Co.Alabama Court of Appeals · 1915
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