Morris v. Bank of Attalla
Supreme Court of Alabama
Appeal from Blount Circuit Court. , Heard before Hon. W. W. Haralson, i .. Action by tbe Bank of Attalla against E. A. Morris. From a judgment for plaintiff, defendant appeals. Tbe first count in tbe complaint is for trover for tbe conversion of a bale of lint cotton on or about November 8, 1902. The second count is in case for destruction of a mortgage lien on said bale of cotton.
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Appeal from Blount Circuit Court. , Heard before Hon. W. W. Haralson, i .. Action by tbe Bank of Attalla against E. A. Morris. From a judgment for plaintiff, defendant appeals. Tbe first count in tbe complaint is for trover for tbe conversion of a bale of lint cotton on or about November 8, 1902. The second count is in case for destruction of a mortgage lien on said bale of cotton. Tbe defendant interposed tbe plea of general issue and several special pleas, as follows: “(2) For further answer to tbe complaint defendant says that S. T. Massey executed to A. G. and E. A. Morris a mortgage on…
1Opinion of the CourtMcCLELLAN, J.
— This is the second appeal in this case. — Morris v. Bank, 112 Ala. 638, 38 South. 801. The trial court instructed the jury that the proceeds arising from mortgaged property should be ahvays applied to the satisfaction of the mortgage debt unless the parties otherwise agreed. These charges Avere, of course, sound expositions of the laAv; and payment of the mortgages under Avliieh defendant sought to justify his appropriation of the property in question Avas made an issue by the replications. If these charges Avere abstract, as *356sééms probable, no prejudicial error resulted to defendant.
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2Cases cited5 opinions
- Cabbell v. WilliamsSupreme Court of Alabama · 1899
- Carlisle, Jones & Co. v. CampbellSupreme Court of Alabama · 1884
- Hamilton v. GriffinSupreme Court of Alabama · 1898
- Alston v. MarshallSupreme Court of Alabama · 1896
- Debter v. HenrySupreme Court of Alabama · 1905
3Cited by9 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
- Vizard v. RobinsonSupreme Court of Alabama · 1913
- Barksdale v. BullingtonSupreme Court of Alabama · 1915
- West v. CowanSupreme Court of Alabama · 1914
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