Martin v. Brown
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before E. C. CROW. Detinue by P. D. Martin against J. D. Brown and another. Judgment for defendants and plaintiff appeals. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449. The facts sufficiently appear.
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Appeal from Jefferson Circuit Court. Heard before E. C. CROW. Detinue by P. D. Martin against J. D. Brown and another. Judgment for defendants and plaintiff appeals. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449. The facts sufficiently appear. The following is charge 4, refused to plaintiff: Gentlemen of the jury, the court charges you that where a person agrees to convey an equity in a certain lot of real estate subject to a certain mortgage, the law presumes such interest in such real estate to be an equity in fee simple, and the court charges you that a…
1Opinion of the CourtMcCLELLAN, J.
— This is an action of detinue to recover an automobile, instituted by the appellant against the appellees. The cause was tried on the theory and defense asserted by Brown; the other party defendant, the company, being accorded a judgment on its plea of disclaimer. The plaintiff is the son of J. N. Martin, with whom he was associated in business in Birmingham. J. N. Martin and J. D. Brown, the defendant, on September 14, 1913, entered into a contract to exchange the automobile in question for Brown’s equity in a house and lot in Ensley. -Brown’s lot was incumbered with a mortgage for $3,000.…
2Cases cited3 opinions
- Goodlett v. HansellSupreme Court of Alabama · 1880
- Taylor v. NewtonSupreme Court of Alabama · 1907
- Brooks v. RomanoSupreme Court of Alabama · 1906
3Cited by2 opinions
- Matthews v. BarteeSupreme Court of Alabama · 1923
- Kinney v. La FrangeAlabama Court of Appeals · 1955