Mayer & Co. v. Taylor & Co.
Supreme Court of Alabama
Appeal from Greene Circuit Court., 'Tried before Hon. ¥m. S. Mudd. This was an action on the case brought by Taylor & Co. against Mayer & Co. to recover damages for the alleged conversion by the defendants of six bales of cotton, on which the plaintiffs had an equitable mortgage, of which the defendants had notice. The complaint also contains a count in trover. The other pleadings are not set out in the record.
Read the full summary
Appeal from Greene Circuit Court., 'Tried before Hon. ¥m. S. Mudd. This was an action on the case brought by Taylor & Co. against Mayer & Co. to recover damages for the alleged conversion by the defendants of six bales of cotton, on which the plaintiffs had an equitable mortgage, of which the defendants had notice. The complaint also contains a count in trover. The other pleadings are not set out in the record. The evidence introduced on the trial was substantially as follows: One "W. W. Pendergrast, on or about the. 1st January, 1880, rented a tract of land for the purpose of farming, and on…
1Opinion of the CourtSomepyille, J.
The subject of mortgages on unplanted crops, not in esse at the time of the conveyance or assignment, has been the subject of much discussion, and the adjudged cases are greatly conflicting. Some of them hold that such a mortgage is void, and conveys no title to the crops, either legal or equitable. — Hutchinson v. Ford, 9 Bush (Ky.) 318; s. c. 15 Amer. Rep. 711; Comstock v. Scales, 7 Wis. 159. Others hold that they are valid at law, and good to convey a legal title.— Arques v. Wasson, 51 Cal. 620; s. c. 21 Amer. Rep. 718; Robinson v. Ezzell, 72 N. C. 231; Jones on Chat. Mortg. §143. Neither…
2Cases cited10 opinions
- Low v. PewMassachusetts Supreme Judicial Court · 1871
- Booker v. JonesSupreme Court of Alabama · 1876
- Andrew v. . NewcombNew York Court of Appeals · 1865
- Arques v. WassonCalifornia Supreme Court · 1877
- Sillers v. LesterMississippi Supreme Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Pinckard v. CasselsSupreme Court of Alabama · 1915
- Windham & Co. v. Stephenson & AlexanderSupreme Court of Alabama · 1908
- Paden & Co. v. Bellenger & RallsSupreme Court of Alabama · 1888
- Isbell v. SletteMontana Supreme Court · 1916
20 more not listed; retrieve them via the Exa API.