Torbert v. McFarland
Supreme Court of Alabama
Detinue. Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Detinue by J. W. Torbert against Sam McFarland. From a judgment for defendant, plaintiff appeals. The pleas were non detinet, and that tbe property sued for was claimed by plaintiff under a mortgage, and be suggests that tbe jury ascertain tbe amount of tbe mortgage debt, if any there be due from tbe defendant to tbe plaintiff under said mortgage.
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Detinue. Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Detinue by J. W. Torbert against Sam McFarland. From a judgment for defendant, plaintiff appeals. The pleas were non detinet, and that tbe property sued for was claimed by plaintiff under a mortgage, and be suggests that tbe jury ascertain tbe amount of tbe mortgage debt, if any there be due from tbe defendant to tbe plaintiff under said mortgage. Tbe deputy sheriff, testifying, stated that be took tbe property into- bis possession under a writ. On crossexamintaion be was asked by tbe defendant what be did with it.…
1Opinion of the CourtAnderson, J.
Section 3789 of the Code of 1907 provides that, in actions of detinue by a mortgagee, or his assignee, against a mortgagor or one holding under him, or by a vendor who has made a conditional sale reserving title until the entire purchase money is paid, or his assignee, against his vendee or one holdng under him, the defendant may, upon suggestion, require that the jury ascertain the amount of the mortgage debt, etc. Section 3791 provides that, when the action is brought by the mortgagee or conditional vendor or assigns, the defendant may plead any matter of defense, including usury, that he…
2Cases cited4 opinions
- Hooper v. BirchfieldSupreme Court of Alabama · 1896
- Foster v. Bush & Co.Supreme Court of Alabama · 1894
- Elrod v. HamnerSupreme Court of Alabama · 1898
- Burton v. CefaluSupreme Court of Alabama · 1910
3Cited by14 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Loeb v. City of MontgomeryAlabama Court of Appeals · 1913
- Miller v. JohnsonSupreme Court of Alabama · 1914
- Pryor Motor Co. v. HartsfieldSupreme Court of Alabama · 1922
- Bates v. TurneyAlabama Court of Appeals · 1934
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