Stevens v. Romano
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Detinue by Sam Romano against Taylor Stevens and another. Judgment for plaintiff, and defendants ap- peals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Detinue by Sam Romano against Taylor Stevens and another. Judgment for plaintiff, and defendants ap- peals. The mortgage to the bank was a prior lien and entitled to be satisfied first. — Williams v. White, 51 South. 559. The second mortgagee had only an equitable title. — Draper v. Walker, 13 South. 995. The payment to the bank satisfied its mortgage and such payment is a defense here.— Vortei' v. Monarch, 27 L. R. A. (N. S.) 111. The mortgage was discharged. — Pinchará v. Bramlett, 51 South. 557; Carlisle v. Peoples Banh, 26…
1Opinion of the CourtPelham, J.
It is shown by the evidence set out in the bill of exceptions that one Joe Booth executed a mortgage on a horse owned by him to the appellee to secure the payment of $130; that appellee failed to file his mortgage for record promptly, and subsequently the appellants mortgaged their household goods to the Bessemer- State Bank for $50 by a chattel mon'gage in which Joe Booth joined as surety for appellants and included in the mortgage to- the bank the horse he had previously mortgaged to the appellee. The appellee did *603not file the mortgage field by him for record until after the bank filed its…
2Cases cited1 opinion
- Hagin v. ShoafAlabama Court of Appeals · 1913