Morrison v. Judge
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. Before tiie Hon. E, Pickens. This ivas an action of detinue, brought by the plaintiff in error against the defendant, for the recovery of two slaves. On the trial, a bill of exceptions was taken, which presents the following facts.
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Writ of Error to the Circuit Court of Lowndes. Before tiie Hon. E, Pickens. This ivas an action of detinue, brought by the plaintiff in error against the defendant, for the recovery of two slaves. On the trial, a bill of exceptions was taken, which presents the following facts. Throe slaves had been mortgaged to the plaintiff, and he, the plaintiff, had, at the same term at which this .cause was tried, recovered one of them, of one Gardner, and the court permitted the recovery against Gardner to be read to the jury as evidence, in reduction of the amount due on the mortgage — the plaintiff…
1Opinion of the CourtDargan, J.
A mortgagee may bring detinue to recover chattels conveyed to him by way of mortgagee, nor c a lithe mortgagor defeat his right of recovery, without showing the entire payment of the debt intended to be secured thereby; and if default has been made in the payment of the money by the mortgagor, the mortgagee may bring detinue to recover the possession, and the extent of the default is an immaterial inquiry. See 7 Ala. Rep. 807. The mortgagee, by the terms of his contract, is entitled to the goods as his security for his debt, and if they are withheld, and he sues, if his recovery in detinue…
2Cases cited1 opinion
- Bell v. PharrSupreme Court of Alabama · 1845
3Cited by8 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Sanders v. KnoxSupreme Court of Alabama · 1876
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Dryer v. LewisSupreme Court of Alabama · 1877
- Frank v. PickensSupreme Court of Alabama · 1881
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