Legal Opinion

Wilson & Son v. Curry

Supreme Court of Alabama

Decided January 14, 1907PublishedCited by 2 opinions

Appeal from Talladega. City Court. Heard before Hon. G. K. Miller. Action by Joe Curry against J. C. Wilson & Son. From a judgment for plaintiff, defendants appeal. This was an action, joining trover, trespass, and case, for the conversion of certain crops, for the taking of the same, and for the destruction of a mortgage lien. Numerous pleas were filed, and demurrers interposed, but it is unnecessary to set them out at length.

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Appeal from Talladega. City Court. Heard before Hon. G. K. Miller. Action by Joe Curry against J. C. Wilson & Son. From a judgment for plaintiff, defendants appeal. This was an action, joining trover, trespass, and case, for the conversion of certain crops, for the taking of the same, and for the destruction of a mortgage lien. Numerous pleas were filed, and demurrers interposed, but it is unnecessary to set them out at length. Harrison Goodson gave Joe Curry two mortgages upon his crop and a mule, one due November 1, 1904, and the other due November 15' 1904, and upon this title Curry bases…

1Opinion of the Court

TYSON, J. —

The plaintiff predicates his right of recovery in this case upon two certain mortgages, executed by one Harrison Goodson, conveying a mule and the *371crops raised by Goodson during tbe year 1904. One of tbe mortgages was executed on February 29, 1904, to secure a debt wbicb matured tbe 1st day of November, 1904. Tbe other was executed on the 29th day of October, 1904, and secured a debt that matured on the 5th of November following. Under the mortgages the plaintiff’s right of possession to the property conveyed was postponed until the maturity of the respective debts secured. It…

2Cases cited8 opinions

  1. Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
  2. Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
  3. Heflin v. SlaySupreme Court of Alabama · 1884
  4. Andrews Manufacturing Co. v. PorterSupreme Court of Alabama · 1895
  5. Andrews v. KeithSupreme Court of Alabama · 1859

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Moore v. StephensAlabama Court of Appeals · 1944
  2. Jeffries v. PankowOregon Supreme Court · 1924

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