Sweeney v. Bixler
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before Hon. Jno. A. Foster. The bill in this cause was filed by the appellee against the ■appellant and one W. B. Smith, to foreclose a mortgage executed by Smith to appellee, conveying a horse therein described, to secure a debt evidenced by a note of even date with the mortgage, and payable one day after date.
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Appeal from the Chancery Court of Mobile. Heard before Hon. Jno. A. Foster. The bill in this cause was filed by the appellee against the ■appellant and one W. B. Smith, to foreclose a mortgage executed by Smith to appellee, conveying a horse therein described, to secure a debt evidenced by a note of even date with the mortgage, and payable one day after date. It is averred in the bill, that the appellant claimed the horse as his property, and had brought suit against Smith for the recovery thereof; and he was, therefore, made a party defendant to the bill. By an •amendment to the bill, the…
1Opinion of the CourtStone, J.
The trotting horse, the subject of the present-suit, was originally the property of Sweeney, placed in the hands of ¡jhnith to be trained. Hammond, as the agent of Smith, and with his money, purchased the horse from Sweeney, and took a bill of sale in his own name, not disclosing the fact-that he was purchasing for Smith. The horse was never in Plammond’s possession, but remained with Smith, who asserted and exercised ownership over him. While matters stood in this condition, and no adversary claim was asserted to the horse, Smith executed a mortgage, conveying the horse to Bixler, as…
2Cases cited11 opinions
- Padgett v. LawrenceNew York Court of Chancery · 1843
- Wells v. MorrowSupreme Court of Alabama · 1861
- Stevens v. . BrennanNew York Court of Appeals · 1879
- Boyd v. BeckSupreme Court of Alabama · 1857
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sutton v. FordSupreme Court of Georgia · 1916
- Moses Bros. v. JohnsonSupreme Court of Alabama · 1889
- Gabel v. Drewrys LimitedSupreme Court of Florida · 1953
- Flintkote Company v. GrimesSupreme Court of Alabama · 1968
- Mobile & Montgomery Railway Co. v. BrewerSupreme Court of Alabama · 1884
7 more not listed; retrieve them via the Exa API.