Medley v. State

The defendant was charged under section 5004 of the Code of 1923 with selling personal property upon which he had given a lien, without first obtaining the consent of the lien holder.

Some objections were made to the secondary proof of the mortgage covering the property in question. Proof was made that defendant had signed a mortgage covering the bale of cotton sold, and that the mortgage had been delivered to defendant and was not at the time of trial in the possession or under the control of the mortgagee. A copy of the record of the mortgage from the record book of mortgages in the probate…