Simpson & Hall v. Hinson
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by Simpson & Hall, suing as partners, against Joseph L. Hinson, and was commenced on the 30th March, 1888. The complaint contained a count in trover, for the conversion of five bales of cotton; and a special count in case, claiming damages because the defendant received and sold the cotton, knowing that plaintiffs had a mortgage on it for advances, whereby their lien was lost.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by Simpson & Hall, suing as partners, against Joseph L. Hinson, and was commenced on the 30th March, 1888. The complaint contained a count in trover, for the conversion of five bales of cotton; and a special count in case, claiming damages because the defendant received and sold the cotton, knowing that plaintiffs had a mortgage on it for advances, whereby their lien was lost. The cause was tried on issue joined on the plea of not guilty. The cotton involved in the case was raised by T. A.…
1Opinion of the CourtClopton, J.
Both plaintiffs and defendant derive claim to the cotton in controversy under mortgages executed to them respectively, in February, 1887, by T. A. Simmons. The mortgage to plaintiffs was first ■ executed, but was not recorded until after the execution of defendant’s mortgage. Conveyances of personal property to secure debts being, under the statute, inoperative against creditors and purchasers without notice until recorded, defendant’s claim must prevail, unless it be shown that he had notice of the prior mortgage. The only evidence on which plaintiffs claim notice is, that before defendant…
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