Legal Opinion

Houston v. State

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 12 opinions

Appeal from the Comity Court of Sumter. Tried before the Hon. W. B. DeLoach. The appellant, Joe Houston, was indicted, tried and convicted for selling or removing personal property upon which there was a valid lien or claim.

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Appeal from the Comity Court of Sumter. Tried before the Hon. W. B. DeLoach. The appellant, Joe Houston, was indicted, tried and convicted for selling or removing personal property upon which there was a valid lien or claim. Upon the trial of the cause, as is shown by the bill of exceptions, the State offered in evidence a mortgage, which- was alleged to have been executed by the defendant, creating the lien or claim to the property the defendant was charged with having sold or removed. Against the objection and exception of the defendant, the court allowed the’State to introduce this…

1Opinion of the Court

PER CURIAM. —

The appellant in this case was indicted and tried for selling or removing personal property covered by a lienor claim. — Crim. Code of 1886, § 3835.

The lien upon the property the defendant was charged with having sold or removed, was created by mortgage. On the trial of the cause, the State offered this mortgage in evidence ; and the first question presented is, whether the execution of the mortgage was sufficiently proven to authorize its admission in evidence. The mortgage offered in' evidence was signed by the defendant, by his making his mark. This mortgage purported to be…

2Cases cited6 opinions

  1. Russell v. WalkerSupreme Court of Alabama · 1882
  2. Askew Bros. v. Steiner & LobmanSupreme Court of Alabama · 1884
  3. Ellerson v. StateSupreme Court of Alabama · 1881
  4. Johnson & Co. v. DavisSupreme Court of Alabama · 1891
  5. Mash v. Daniel & Co.Supreme Court of Alabama · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Tiger v. LozierSupreme Court of Oklahoma · 1927
  2. Campbell v. StateSupreme Court of Alabama · 1907
  3. Likowski v. CatlettSupreme Court of Oklahoma · 1928
  4. Barksdale v. BullingtonSupreme Court of Alabama · 1915
  5. Citizens' Bank of Gans v. StricklandSupreme Court of Oklahoma · 1918

7 more not listed; retrieve them via the Exa API.

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