Powell v. Crawford
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This was a statutory action of detinue, brought by the appellee, J. R. Crawford, against the appellant, F. A. Powell. The defendant pleaded the general issue, and the following special pleas : “Second.
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Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This was a statutory action of detinue, brought by the appellee, J. R. Crawford, against the appellant, F. A. Powell. The defendant pleaded the general issue, and the following special pleas : “Second. For further answer to the complaint, he pleads that the plaintiff claims title to the property sued for by virtue of a mortgage, which he now holds, and that he has or claims no other title or right in and to the property sued for, than that which he claims by virtue of said mortgage; and that plaiutiff has never had…
1Opinion of the CourtHaralson, J.
The complaint is in detinue by J. R. Crawford, the appellee, against F. A. Powell, the appellant. The defendant pleaded the general issue and seven spécial pleas. The court on motion of the plaintiff struck out six of these pleas, and these rulings are the only assignments of error.
As a plea of usury, the 3d is wholly lacking in aver ments necessary to make it good.—Code, p. 797, form 38; Munter v. Linn, 61 Ala. 492; Masterson v. Grubbs, 70 Ala. 407; Woodall v. Kelly, 85 Ala. 374. Besides, usury in a debt secured by mortgage, does not affect the validity of the mortgage, any part of the debt…
2Cases cited4 opinions
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Munter & Faber v. LinnSupreme Court of Alabama · 1878
- Lindsay v. MorrisSupreme Court of Alabama · 1892
- Kelly v. Mobile Building & Loan Ass'nSupreme Court of Alabama · 1879
3Cited by9 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Wefel v. StillmanSupreme Court of Alabama · 1907
- May v. StricklandSupreme Court of Alabama · 1938
- Hooper v. BirchfieldSupreme Court of Alabama · 1896
- Nelson v. WadsworthSupreme Court of Alabama · 1911
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