Nix v. Hopper
Alabama Court of Appeals
Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by W. Hopper against J. E. Nix. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by W. Hopper against J. E. Nix. Judgment for plaintiff, and defendant appeals. The Royster Guano Company mortgage was not covered by or included in the blanket clause, and was improperly admitted in evidence. 68 Ala. 389; 92 Ala. 508, 9 South. 315; 82 Ala. 183, 1 South. '77; 74 Ala. 285; 27 Cyc. 1073. The blanket clause covered and included the Royster mortgage. 97 Ala. 615,12 South. 385. In any event, no proper exception or objection was reserved to the introduction of the mortgage. 17 Ala. App. 62, 81 South. 840.
1Opinion of the Court
BRÍCKEN, P. J.
The plaintiff, Hopper, sued defendant, Nix, in detinue to recover the possession of a mule.
Plaintiff based his right to recover upon a mortgage executed May 1, 1915, to secure the payment of a note of $73.62, due October 15, 1915, “and all such other sums as I may owe him on account, notes or otherwise, on or after the said 15th day of October1, 1915.”
The defendant pleaded the general issue, and suggested that upon the trial of this cause the mortgage debt be ascertained. There was verdict and judgment for the plaintiff, from which the defendant appealed.
On June 22, 1916, Nix…
2Cases cited1 opinion
- Collier v. WhiteSupreme Court of Alabama · 1892
3Cited by3 opinions
- Wood v. Parker Square State BankTexas Supreme Court · 1966
- First Nat'l Bank of Manning v. PiersonSupreme Court of South Carolina · 1923
- Wood v. Parker Square State BankTexas Supreme Court · 1966