Legal Opinion

Collier v. White

Supreme Court of Alabama

Decided July 1, 1892PublishedCited by 5 opinions

Appeal from Marshall Circuit Court. Tried before Hon. John B. Tally. Detinue by Thomas M. White against Jesse W. Collier, to recover a mnle.

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Appeal from Marshall Circuit Court. Tried before Hon. John B. Tally. Detinue by Thomas M. White against Jesse W. Collier, to recover a mnle. The third plea 'of defendant set up that he had a lien on the property sued for, which was prior .to the plaintiff ’s lien ; the fourth plea set np that the plaintiff and the original owner of the mule submitted certain disputes between them relative to the amount due on a mortgage conveying the mnle sued for to certain arbitrators, who awarded that $48 was due plaintiff, and such award discharged plaintiff’s lien on the mule. The grounds of demurrer…

1Opinion of the CourtColeman, J.

— The plaintiff White sued Jesse W. Oollier in detinue to recover a mule. On January 28th, 1889, one U. O. Collier, son of defendant, and then the owner of the mule, executed a mortgage to plaintiff to secure a note for $75, “and any other amount we may owe him in 1889.” During the year, but after the law day of the mortgage, a controvesy having arisen between the mortgagee and mortgagor, by' parol agreement arbitration was resorted to for the settlement of disputed facts. The testimony is in conflict as to- exactly the extent of the matters and questions referred to the arbitrators for their…

2Cited by5 opinions

  1. First Nat. Bank of Guntersville v. BainSupreme Court of Alabama · 1939
  2. Martin v. First National Bank of OpelikaSupreme Court of Alabama · 1966
  3. Nix v. HopperAlabama Court of Appeals · 1921
  4. Greenwood v. Trigg, Dobbs & Co.Supreme Court of Alabama · 1908
  5. U. S. Fidelity & Guaranty Co. v. Frick Co.Supreme Court of Alabama · 1931

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