Tillis & O'Neal v. Austin
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 appellants, Tillis & O’Neal, against the. appellee, A. W. Austin, to recover certain personal property specifically described in the complaint.
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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 appellants, Tillis & O’Neal, against the. appellee, A. W. Austin, to recover certain personal property specifically described in the complaint. The plaintiffs base their right of recovery upon a mortgage which was signed by the defendant, and which conveyed to the plaintiffs the property sued for. ' The defendant pleaded the general issue and a special plea, the substance of which special plea is sufficiently stated in the opinion. The plaintiffs demurred to…
1Opinion of the CourtBrickell, C. J.
The demurrer to the special plea interposed by the defendant, and the motion to strike the same from the file, were properly overruled. The plea declared in substance that the execution of the mortgage under which plaintiffs claimed title to the chattels sued for was procured by fraud ; that defendant had refused to sign a mortgage, as requested by plaintiffs, but had agreed to sign a note, and that thereupon plaintiffs had instructed their clerk to prepare a note ; that said clerk then filled out a paper about the size of an ordinary note and told defendant it was a note and not a mortgage ;…
2Cases cited1 opinion
- Feibelman v. Manchester Fire Assurance Co.Supreme Court of Alabama · 1895
3Cited by12 opinions
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Wooddy v. MatthewsSupreme Court of Alabama · 1915
- Western Railway v. ArnettSupreme Court of Alabama · 1902
- Willcutt v. Union Oil Co. of CaliforniaSupreme Court of Alabama · 1983
- Leonard v. RoebuckSupreme Court of Alabama · 1907
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