Legal Opinion

Dryer v. Lewis

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 21 opinions

Appeal from the Circuit Court of Macon. Tried before the Hon. JAMES E. Cobb. This was an action in detinue brought by T. B. Dryer, appellant, against Charles Lewis, appellee, for the recovery of a horse, which had been mortgaged by one W. F. Lewis, the intestate of appellee, to appellant.

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Appeal from the Circuit Court of Macon. Tried before the Hon. JAMES E. Cobb. This was an action in detinue brought by T. B. Dryer, appellant, against Charles Lewis, appellee, for the recovery of a horse, which had been mortgaged by one W. F. Lewis, the intestate of appellee, to appellant. The defense set up was the payment of said mortgage. . Plaintiff introduced the mortgage in evidence, which mortgage covered other property besides the horse — namely, two mules and five bales of cotton. It was admitted by the defendant that Dryer was the sole owner of the mortgage. The plaintiff offered…

1Opinion of the CourtBrickell, C. J.

1-2. This was an action of detinue for the recovery of a horse, in which the appellant was plaintiff, and the appellee defendant. The title of the appellant was that of a mortgage. The defense was, the payment of the mortgage debt, the defendant having possession of the horse, as administrator of the deceased mortgagor. A mortgagor of personal property, or his personal representative, may, whpn sued by the mortgagee for the recovery in specie; of the thing mortgaged, defeat a recovery by proof of the-payment of the mortgage debt.—Brown v. Lipscomb, 9 Port. 472; Sims v. Caufield, 2 Ala. 555;…

2Cases cited17 opinions

  1. Mason v. HallSupreme Court of Alabama · 1857
  2. Huckabee v. MaySupreme Court of Alabama · 1848
  3. McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
  4. Jones v. DeyerSupreme Court of Alabama · 1849
  5. Brown v. LipscombSupreme Court of Alabama · 1839

12 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Burns v. CampbellSupreme Court of Alabama · 1882
  2. Woodrow v. HawvingSupreme Court of Alabama · 1894
  3. Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
  4. Rutledge v. RowlandSupreme Court of Alabama · 1909
  5. Carlisle v. KillebrewSupreme Court of Alabama · 1889

16 more not listed; retrieve them via the Exa API.

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