First National Bank v. Hacoda Mercantile Co.
Supreme Court of Alabama
Detinue. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Detinue by the First National Bank of Opp against the Hacoda Mercantile Company. Judgment for defendant and plaintiff appeals.
Read the full summary
Detinue. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Detinue by the First National Bank of Opp against the Hacoda Mercantile Company. Judgment for defendant and plaintiff appeals. The plaintiff takes the position that the filing of the mortgage for record was notice to all subsequent purchasers from the mortgagor just as if the mortgage had in fact been signed by the true name of the mortgagor, and that the law recognizes only the Christian name, and hence, the middle name or initial is immaterial. — 16 A. & E. Enc. of Law; 114 Ala. 116; 29 Cyc. 265-269; Eclmundson v.…
1Opinion of the CourtEvans, J.
On the 12th day of August, 1907, one W. N. McDonald executed a mortgage to the First National Banlc of Opp, Ala., and conveyed, among other things, one sorrel horse about seven years old. The name “W. H. McDonald” was signed to the mortgage, and the mortgage was duly recorded in the office of the probate judge of Geneva county on the 13th day of August, 1907. The said W. N. McDonald lived in Geneva county at the time the mortgage was executed and recorded. The said, horse was in the possession of the said McDonald, and was owned by him at the time the said mortgage was executed and recorded.…
2Cases cited6 opinions
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Edmundson v. StateSupreme Court of Alabama · 1850
- Diggs v. StateSupreme Court of Alabama · 1873
- Pace v. StateSupreme Court of Alabama · 1881
- Martin v. StateSupreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Smith v. OwensSupreme Court of Florida · 1926
- Roberts v. GraysonSupreme Court of Alabama · 1937
- Continental Investments v. United StatesDistrict Court, W.D. Tennessee · 1953
- Scott v. ThomasSupreme Court of Alabama · 1924
12 more not listed; retrieve them via the Exa API.