Lewis v. Simon & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This was a statutory action of detinue brought by the appellees, Laz. Simon & Co., against the appellant; and sought to recover certain described personal property.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This was a statutory action of detinue brought by the appellees, Laz. Simon & Co., against the appellant; and sought to recover certain described personal property. To the complaint the defendant pleaded 1st, The general issue-; 2d, want of consideration; and 3d, that the plaintiffs had no right, title, interest or claim in the property sued for, nor any possession or right of possession thereto at the commencement of the action. The defendant’s fourth plea was as follows : “Fraud in the execution of the note…
1Opinion of the CourtColeman, J.
Suit in detinue by appellees to recover personal property. The defendant pleaded, 1st, the general issue; 2d, want of consideration; and, 4th, a *552special plea. There was a demurrer to the 4th plea, which being overruled, the plaintiff replied'to the 2d and 4th pleas.
In the 4th plea of the defendant, it is averred that plaintiffs’title was derived from a mortgage executed by defendant to plaintiffs to secure a note for five hundred dollars. The beginning of the plea is, “Fraud in the execution of the note and mortgage,’’ &c. It continues then to state the facts of the defense. These facts show…
2Cases cited12 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Ellington v. CharlestonSupreme Court of Alabama · 1874
- Foster v. JohnsonSupreme Court of Alabama · 1881
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3Cited by3 opinions
- McGhee & Fink v. ReynoldsSupreme Court of Alabama · 1897
- Rasco v. JeffersonSupreme Court of Alabama · 1904
- Bonham v. LoebSupreme Court of Alabama · 1894