Williams v. White
Supreme Court of Alabama
Detinue. Appeal from Clay County Court. Heard before Hon. W. J. Pearce. '■' Detinue by J. B. White'against R. L. Morrow for certain 'chops with claim propounded to same by J. W. Williams. Judgment for plaintiff and claimant appeals.
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Detinue. Appeal from Clay County Court. Heard before Hon. W. J. Pearce. '■' Detinue by J. B. White'against R. L. Morrow for certain 'chops with claim propounded to same by J. W. Williams. Judgment for plaintiff and claimant appeals. The claimant acquired the better title; — Section'3386, Code 907; Patier•son‘ v:; Jones, 89 Ala. 388. — Counsel insist .-that there was no error in the judgment of the court and rin' support thereof cite. — Section-3369, Code 1907; Truss -V.; Harvey-,-, 120 -Ala. 636;--Steiner Bros■ v.’ Giisty, 95 Ala. 91; Nolan v. Farrow, 45 South. 183; Grimmer v. Nolan, 40…
1Opinion of the CourtSayre , J.
— Each party claimed under a chattel mortgage from one Morrow. Appellant’s mortgage was taken on February 3, 1908, and filed for record at 4 o’clock p. m. on March 5th thereafter. Appellee’s mortgage was taken February 28, 1908, and filed for record at 8 p. m. March 5th thereafter. The trial court correctly ruled that appellee had the better title. Conveyances of personal property to secure debts, or to provide indemnity, are inoperative as against creditors and purchasers without notice, until recorded, etc. — Code, § 3386. The parties acquired their respective titles at the time of the…
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