Fort v. State
Alabama Court of Appeals
Appeal from Macon County Court. Heard before Hon. Milo B. Abercrombie. Tom S. Fort was convicted of selling or conveying mortgaged property and be appeals.
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Appeal from Macon County Court. Heard before Hon. Milo B. Abercrombie. Tom S. Fort was convicted of selling or conveying mortgaged property and be appeals. The execution of a subsequent mortgage on the same property previously conveyed by mortgage is not a violation of section 7423, Code 1907. — Allison v. The Stale, 69 Ala. 1; Cobb v. The State, 100 Ala. 19; Lipman v. The State, 104 Ala. 61; see also 67 L. R. A. 461 and 7 Cyc. 62. Tbe evidence sufficiently disclosed tbe violation of section 7423, Code 1907. — Johnson v. The State, 69 Ala. 593. Intent is not an element of tbis crime. — Cobb…
1Opinion of the Court
db GiRAFFENRIED, J.
The appellant was tried under an affidavit drawn under section 7423 of the Code *196of Alabama of 1907, charging him with selling or conveying personal property upon which he had previously given a written mortgage, lien, or deed of trust, which was then unsatisfied, Avithout first obtaining the consent of the lawful holder thereof. The case Avas tried in the county court of Macon county, and, the defendant waiving a jury, the case was tried, by the presiding judge. The defendant was convicted, and from this judgment of conviction he appeals.
The record in this case is free from…
2Cases cited4 opinions
- Toole v. StateSupreme Court of Alabama · 1910
- Johnson v. StateSupreme Court of Alabama · 1881
- Dodd v. StateSupreme Court of Alabama · 1890
- Patterson & Co. v. JonesSupreme Court of Alabama · 1889
3Cited by2 opinions
- Gulfport Fert. Co. v. JonesAlabama Court of Appeals · 1916
- Citizens' Bank v. PearsonSupreme Court of Alabama · 1927