Graham v. Myers & Co.
Supreme Court of Alabama
Appeals from the Circuit Courts of Talladega and Cleburne. Tried before the Hon. Leroy F. Box. These two cases, though decided together, were argued and submitted on different days.
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Appeals from the Circuit Courts of Talladega and Cleburne. Tried before the Hon. Leroy F. Box. These two cases, though decided together, were argued and submitted on different days. Each was a statutory action for the recovery of several bales of cotton, in which J. R. & J. F. Graham, suing as partners, were plaintiffs; and in each case they claimed the cotton under a mortgage executed to them by J. R. Mitchell, which was dated April 12th, 1879, and purported to be given for necessary supplies advanced and to be advanced to him, to enable him to máke a crop during the year 1879. The action…
1Opinion of the CourtStone, J.
— These two causes, although originating and tried in different counties, are so intimately connected, that we will consider them together. The ownership of six — the same six — bales of cotton, is the subject of each suit. Each of the actions is for the recovery of personal property in specie, corresponding to the common-law action of detinue.
The cotton in controversy was grown in the year 1879, on the lands of Ligón, by the labor of one Mitchell. The crop was cultivated, grown and gathered, nnder an agreement that Ligón should furnish the lands, team and farming implements, and Mitchell…
2Cases cited4 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- Henderson v. FeltsSupreme Court of Alabama · 1877
- Lightfoot v. JordanSupreme Court of Alabama · 1879
3Cited by6 opinions
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Boulden v. Estey Organ Co.Supreme Court of Alabama · 1890
- Minge v. ClarkSupreme Court of Alabama · 1915
- Knight v. GardenSupreme Court of Alabama · 1916
- Rand v. GibsonSupreme Court of Alabama · 1895
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