Davis v. Lassiter
Supreme Court of Alabama
Error to tbe Circuit Court of Barbour. Tried before tbe Hon. Jobn D. Pbelan. This was an action of assumpsit, brought to recover for work and labor done by tbe plaintiff’s slave.
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Error to tbe Circuit Court of Barbour. Tried before tbe Hon. Jobn D. Pbelan. This was an action of assumpsit, brought to recover for work and labor done by tbe plaintiff’s slave. It appeared upon tbe trial, that tbe plaintiff bad purchased tbe slave, and to secure tbe purchase money tbe defendant bad become her security, and to indemnify him, tbe plaintiff executed a mortgage conveying tbe slave to the defendant, in which it was stipulated that tbe defendant should have tbe possession of tbe slave until tbe plaintiff paid tbe purchase money; and should tbe plaintiff fail to pay it at…
1Opinion of the CourtDargan, C. J.
Although tbe general rule of law is, that tbe mortgagee in possession must account to tbe mortgagor for tbe rents or profits of tbe mortgaged property, yet we apprehend that there may be cases where tbe parties, by contract, may vary or change this rule, and thus relieve tbe mortgagee from accounting for tbe profits which be has, or might have received. This, I think, would have been tbe rule in tbe present case, if tbe contract of mortgage bad shown *562that tbe mortgagee was to receive tbe profits of tbe slave to bis own use, in consideration of bis becoming liable, as security for tbe…
2Cases cited3 opinions
- Long v. DavisSupreme Court of Alabama · 1851
- Duff v. IvySupreme Court of Alabama · 1830
- Holt v. MooreSupreme Court of Alabama · 1843
3Cited by4 opinions
- Lovelace v. HutchinsonSupreme Court of Alabama · 1894
- Gentry v. RogersSupreme Court of Alabama · 1867
- Toomer v. RandolphSupreme Court of Alabama · 1877
- Keith v. McLaughlinSupreme Court of Alabama · 1896