Bank of Florala v. Smith
Alabama Court of Appeals
Appeal from Andalusia City Court. Heard before Hon. Ed. T. Albritton. . Detinue by the Bank of Florala against J. H. Smith. Judgment for defendant and plaintiff appeals.
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Appeal from Andalusia City Court. Heard before Hon. Ed. T. Albritton. . Detinue by the Bank of Florala against J. H. Smith. Judgment for defendant and plaintiff appeals. The instrument under which appellant claims title to the property is a legal mortgage, and sufficient to support detinue. — Mervin v. White, 50 Ala. 388; Ellington v. Charleston, 51 Ala. 166; Clover v. MoCilvary, 63 Ala. 508; 1 Jones on Mortgages, p. 3. The istrument is an equitable mortgage creating an equitable lien on the property, but not sufficient to support detinue.— Evington v. Smith Bros., 66 Ala. 398; Donald v.…
1Opinion of the CourtThomas, J.
The only question presented for review, which is insisted upon in brief, is as to whether or not the paper writing which was executed to plaintiff (appellant here) by the defendant, and upon which the plaintiff relied for recovery, conveyed the legal title to the property sued for, to wit, one horse as therein described. If not, it is conceded that the plaintiff cannot maintain this suit — detinue.
The only words of conveyance found in said paper are those in the following sentence:
“I [J. H. Smith, the defendant], the maker of the above note, for the purpose of securing the prompt and full…
2Cases cited19 opinions
- Eyre v. JacobSupreme Court of Virginia · 1858
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
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3Cited by3 opinions
- Hansel v. Hartford-Connecticut Trust Co.Supreme Court of Connecticut · 1946
- Greene v. Associates (In Re Green)United States Bankruptcy Court, N.D. Alabama · 2000
- W. T. Rawleigh Co. v. TimmermanSupreme Court of Alabama · 1920