Hamilton v. Maas & Bros.
Supreme Court of Alabama
Special 'Action for Damages, •by Mortgagee of Crops,- against 'Purchaser with Notice of Lien. - Ax’peal from the City Court of Selma. Tried before the Hon. Jona. Haralson.
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Special 'Action for Damages, •by Mortgagee of Crops,- against 'Purchaser with Notice of Lien. - Ax’peal from the City Court of Selma. Tried before the Hon. Jona. Haralson. This action was brought by Posey Hamilton, against Maas & Brother, late partners in business; and was commenced on the 26th March, 1883. The complaint contained but a single count, which claimed $1,000 as damages, for that one Robert Moore became and was indebted to plaintiff, on the 7th November, 1881, in the sum of $400, for which he executed to plaintiff, on that day, his promissory note payable October 1st, 1882, and a…
1Opinion of the CourtStone, C. J.
The conveyance' to Hamilton siinply seCiir'es an antecedent debt, and is. therefore effective' only as a mortgage. It is contended this mortgage is void, 'on account'of .its indefiniteness. Tlie descriptive danse is in tlie 'following language: “ All of the crops of corn and cotton and 'cotton seed, aud crops of every other name and discripti'on to be grown this year, 1882, in said county,” [Lowndes county.] We think the plain import of this language is, that it conveyed the crops to be grown that year, in that county, by Moore, the mortgagor. This he could convey, and we will not impute to…
2Cases cited1 opinion
- Ellis v. MartinSupreme Court of Alabama · 1877
3Cited by8 opinions
- Mooney v. HoughSupreme Court of Alabama · 1887
- Bush & Co. v. WillisSupreme Court of Alabama · 1900
- Ivy v. PughCourt of Appeals of Texas · 1913
- Loyd v. GuthrieSupreme Court of Alabama · 1901
- Dutton v. GibsonSupreme Court of Alabama · 1930
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