Fields v. Karter
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speaks. A. E. Fields sued J. H. Karter to recover damages from him for buying and receiving cotton on which Fields had a lien. The evidence tended to show that the cotton was grown on the “Archie Place,” a plantation of land sold by the plaintiff to one Persall, and on which and on the cotton grown thereon the plaintiff had a mortgage from Persall to secure the purchase money.
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Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speaks. A. E. Fields sued J. H. Karter to recover damages from him for buying and receiving cotton on which Fields had a lien. The evidence tended to show that the cotton was grown on the “Archie Place,” a plantation of land sold by the plaintiff to one Persall, and on which and on the cotton grown thereon the plaintiff had a mortgage from Persall to secure the purchase money. It further tended to show that Persall disposed of certain bales of the cotton to Karter, but the evidence was in conflict as'to the circumstances of…
1Opinion of the CourtMoCLELLAN, C. J.
— This is an action of trespass on the case prosecuted hy Fields against Karter. The complaint upon which the trial was had is as follows: “Plaintiff sues to recover of the defendant the sum of one thousand dollars, and for cause of action alleges the following: Plaintiff was at the time hereinafter complained of and is now the owner and holder of a mortgage executed to him by one J. M. Persall and Avife, J. If. Persall, on or about the 18th day of August, 1890, and duly recorded,” etc., “which Avas executed to secure a hona fide indebtedness of $800 then and there contracted Avith plaintiff,…
2Cases cited4 opinions
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Paden & Co. v. Bellenger & RallsSupreme Court of Alabama · 1888
- Beavers v. HardieSupreme Court of Alabama · 1877
3Cited by18 opinions
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Karter v. FieldsSupreme Court of Alabama · 1900
- Johnson v. Shook & Fletcher Supply Co.Supreme Court of Alabama · 1944
- Smith v. Davenport & Co.Alabama Court of Appeals · 1915
- Sellers & Orum Co. v. HardawaySupreme Court of Alabama · 1914
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