Phillips v. Morris
Supreme Court of Alabama
Detinue. Appeal from Blount Circuit Court. Heard before Hon. A. H. Alston. Detinue by J. B. Morris against Delia Phillips. Bhom a judgment for plaintiff, defendant appeals.
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Detinue. Appeal from Blount Circuit Court. Heard before Hon. A. H. Alston. Detinue by J. B. Morris against Delia Phillips. Bhom a judgment for plaintiff, defendant appeals. The judgment was as follows: “‘We, the jury, find for the plaintiff, for .$60.00, for 2,000 pounds of seed cotton, and $7.50, for 500 bundles of fodder.’ It is therefore ordered, considered, and adjudged by the court that the plaintiff have judgment and recover of the defendant the said 2,000 pounds of seed cotton and 500 bundles of fodder, if the same can be had, or the alternate value thereof, to wit, $67.50, as found…
1Opinion of the CourtDowdell, C. J.
This is an action in detinue for the recovery of specific chattels. The plaintiff bases his title and right of recovery on a mortgage executed by one T. M. Phillips, since deceased.
The first contention in error is that the trial court erred in permitting the-plaintiff against the objection of the defendant to testify as to the amount due on the *463mortgage. This, upon the ground that the mortgagor being dead, plaintiff was incompetent under the statute to testify as to any transaction with the deceased. —Code 1907, § 4007. The contention is without merit. The suit is not one in which the estate…
2Cases cited4 opinions
- Rowe v. BaberSupreme Court of Alabama · 1890
- Harris v. RussellSupreme Court of Alabama · 1890
- Behrman v. NewtonSupreme Court of Alabama · 1893
- Snellgrove v. EvansSupreme Court of Alabama · 1910
3Cited by5 opinions
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Bush v. BumgardnerSupreme Court of Alabama · 1925
- Jennings v. Provident Life Accident Ins. Co.Supreme Court of Alabama · 1945
- Western U. T. Co. v. BrazierAlabama Court of Appeals · 1914
- Orr v. StewartAlabama Court of Appeals · 1915