Pinckard & Lay v. Bramlett
Supreme Court of Alabama
Detinue. Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Detinue by J. W. Bramlett against one Mooney, who suggested Pinckard & Lay as claimants of the property, to whom notice was issued to come in and defend, which they did.
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Detinue. Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Detinue by J. W. Bramlett against one Mooney, who suggested Pinckard & Lay as claimants of the property, to whom notice was issued to come in and defend, which they did. Judgment for plaintiff and defendants appeal. — The court erred in sustaining plaintiff’s demurrer to plea 2. This is a plea of estoppel and if the facts therein averred are true then certainly as against the substituted defendants in this suit, claiming under a mortgage executed after that held by plaintiff, by same party, the plaintiff ought not to…
1Opinion of the Court
SAYRE, J.-
— Bramlett sued Mooney in detinue for mules. Upon the suggestion of Mooney, made in accord; anee with the statute in such cases, Pinckard & Lay were cited, and came in as substitutionary defendants. Upon trial had without a jury, judgment was rendered for the plaintiff. Hence this appeal.
Plaintiff claimed as mortgagee in a mortgage past due and unpaid, and not otherwise. Defendants claimed under a mortgage of later date, also past due and unpaid. Defendants pleaded the general issue, and also special pleas, in which they set up an estoppel against the plaintiff to insist upon his…
2Cases cited4 opinions
- Abbett v. PageSupreme Court of Alabama · 1890
- Carlisle v. Peoples BankSupreme Court of Alabama · 1898
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Harper v. WeeksSupreme Court of Alabama · 1889
3Cited by6 opinions
- Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
- Richardson v. First National Bank of Columbus, Ga.Court of Civil Appeals of Alabama · 1970
- Knight v. GardenSupreme Court of Alabama · 1916
- Kirkland v. EfordSupreme Court of Alabama · 1920
- Cornelius v. CopelandSupreme Court of Alabama · 1963
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