Legal Opinion

Truss v. Harvey

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 13 opinions

Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. This was an action brought by the appellee, J. B. Harvey, against W. W. Perkins. The facts of the case pertaining to the rulings of the trial court reviewed on the present appeal, are sufficiently stated in the opinion. Upon the hearing of all the evidence the court at the request of the plaintiff gave the general affirmative charge in his behalf.

Read the full summary

Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. This was an action brought by the appellee, J. B. Harvey, against W. W. Perkins. The facts of the case pertaining to the rulings of the trial court reviewed on the present appeal, are sufficiently stated in the opinion. Upon the hearing of all the evidence the court at the request of the plaintiff gave the general affirmative charge in his behalf. To the giving of this charge the defendant duly excepted. There were verdict and judgment for the plaintiff. The defendant appeals, and assigns as error the several…

1Opinion of the CourtTyson, J.

On the 20th day of December, 1892, one Moor executed and delivered to Harvey, the plaintiff, a mortgage upon certain personal property therein described, and upon “all his (my) crops of corn, cotton and all other produce he (I) may raise or cause to be raised, or that may accrue to him (me) in any legal manner during the year 1893, and every year thereafter until this debt is fully satisfied.” ' The debt secured by this-mortgage was evidenced by a promissory note in the sum of $35, due and payable on the 1st day of May, 1893. This mortgage was recorded in the office of the probate judge of…

2Cases cited14 opinions

  1. O'Neal v. SeixasSupreme Court of Alabama · 1887
  2. Driggers v. CassadySupreme Court of Alabama · 1882
  3. Ellis v. MartinSupreme Court of Alabama · 1877
  4. Heflin v. SlaySupreme Court of Alabama · 1884
  5. Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881

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

3Cited by13 opinions

  1. Lamar v. Lincoln Reserve Life Ins. Co.Supreme Court of Alabama · 1930
  2. Stickney v. Dunaway & LambertSupreme Court of Alabama · 1910
  3. Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
  4. Owensboro Wagon Co. v. BlissSupreme Court of Alabama · 1901
  5. Shaw v. KinneySupreme Court of Alabama · 1933

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API