Magee v. Carpenter
Supreme Court of Alabama
Ekrok to the County Court of Mobile. This was an action of trover brought by the defendant in error and two others, against the plaintiff in error, who recovered a judgment-against him for thirty-nine hundred and- sixteen dollars, for the conversion of three negro slaves.
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Ekrok to the County Court of Mobile. This was an action of trover brought by the defendant in error and two others, against the plaintiff in error, who recovered a judgment-against him for thirty-nine hundred and- sixteen dollars, for the conversion of three negro slaves. From a. bill of. exceptions it appears that the plaintiffs offered in evidence a mortgage on the slaves sued for, executed to them on the 7th November, 1837, in the county of Montgomery by one Wait S. Hoyt — the condition of which was that the plaintiffs as co-securities for Hoyt and one Ford, had signed three notes¿ payable…
1Opinion of the CourtOrmond, J.
We are first to inquire whether the act of 1828, [Aik. Dig. 208, §5,] applies to such an instrument as this? Its language is, “ all deeds and conveyances of personal property in trust to secure any debt or debts, shall be recorded in the office of the Clerk of the County Court of the county, wherein the person making such deed or conveyance shall reside, within thirty days, or else the same shall be void against creditors and subsequent purchasers, without notice,” &c. We think the language, employed sufficiently broad to cover a mortgage of personal property. Previous to the passage of this…
2Cases cited3 opinions
- Bradford v. DawsonSupreme Court of Alabama · 1841
- Williams v. JonesSupreme Court of Alabama · 1841
- Fipps v. M'GeheeSupreme Court of Alabama · 1837
3Cited by14 opinions
- Crosby v. HustonTexas Supreme Court · 1846
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Marriott v. GivensSupreme Court of Alabama · 1845
- Hannah v. CarringtonSupreme Court of Arkansas · 1856
- Davidson v. ShipmanSupreme Court of Alabama · 1844
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