Patterson & Co. v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. H. C. Speake. This action was brought by the appellants, suing as partners, against J. Paul Jones, to recover a mule, with damages for its detention; and was commenced on the 19th April, 1889. The defendant pleaded non detinet, and issue was joined on that plea.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. H. C. Speake. This action was brought by the appellants, suing as partners, against J. Paul Jones, to recover a mule, with damages for its detention; and was commenced on the 19th April, 1889. The defendant pleaded non detinet, and issue was joined on that plea. On the trial, as the bill of exceptions sbows, the plaintiffs claimed the mule under a mortgage for advances executed to .them by one Daniel Edge,. which was dated February 4th, 1887, proved by one of the subscribing witnesses, before a justice of the peace, on the 17th…
1Opinion of the CourtMoCLELLAN, J.
The sole question presented for our consideration on this appeal is, whether a mortgage of personalty is a “conveyance of property,” within the meaning *389of section 1798, Code of 1886, and as .such entitled, when acknowledged or proved according to law, and recorded within twelve months from its date, to be received in evidence without further proof of execution.
The first statute on the subject appears to have been that of 1803, which, as codified, became a part of Clay’s Digest at pages 151 et seq. So much of this act as is important for us to consider is in the following language: “If any…
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