Miller v. Johnson
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Héarcl before Hon. A. E. Gamble. Detinue by L. M. Johnson against G. A. Miller. Judgment for plaintiff, and defendant appeals.
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Appeal from Crenshaw Circuit Court. Héarcl before Hon. A. E. Gamble. Detinue by L. M. Johnson against G. A. Miller. Judgment for plaintiff, and defendant appeals. Defendant filed a plea setting up that at the time the action was commenced plaintiff was indebted to defendant in the sum of $1,000, and the further plea that at the time the action was commenced plaintiff was indebted to him in the sum of $333.33, due August 17, 1908, which amount was the purchase price of defendant’s one-third interest in the Miller & Johnson Gin Company. The plaintiff replied that he claims title to the property…
1Opinion of the CourtGardner, J.
This suit was in detinue, brought by appellee against appellant. For title to the property, the appellee relied upon a certain mortgage, executed by the appellant to W. A. Johnson, brother of appellee, which said mortgage had been transferred by his brother to* him. The defendant in the court beloAV, in addition to pleading the general issue and suggesting the ascertainment of the amount of the mortgage indebtedness, interposed certain special pleas of set-off — Sections 3789 and 3791, Code; Torbert v. McFarland, 172 Ala. 117, 55 South. 311. These pleas alleged that, at the time the action…
2Cases cited11 opinions
- Pennsylvania Fire Ins. v. DraperSupreme Court of Alabama · 1914
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Ray v. Fidelity-Phoenix Fire Ins.Supreme Court of Alabama · 1914
- German-American National Bank v. LewisAlabama Court of Appeals · 1913
- First National Bank v. NelsonSupreme Court of Alabama · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Vogler v. MansonSupreme Court of Alabama · 1917
- Southern Ry. Co. v. MilanSupreme Court of Alabama · 1940
- Beason v. Sovereign Camp, W. O. W.Supreme Court of Alabama · 1922
- Grasselli Chemical Co. v. City Ice Co.Supreme Court of Alabama · 1917
- Hood v. JenkinsAlabama Court of Appeals · 1917
4 more not listed; retrieve them via the Exa API.