Pollak v. Davidson
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. PIubbard. This action was brought by J. & T. Davidson suing as partners, and revived in the name of T. Davidson as surviving 'partner, against I. Poliak, doing business under the name of Poliak & Co., to recover damages for the alleged conversion of seventeen mules; and was commenced on the 21st November, 1887. The plaintiffs claimed the mules under a mortgage executed to them by A. J. Simmons and…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. PIubbard. This action was brought by J. & T. Davidson suing as partners, and revived in the name of T. Davidson as surviving 'partner, against I. Poliak, doing business under the name of Poliak & Co., to recover damages for the alleged conversion of seventeen mules; and was commenced on the 21st November, 1887. The plaintiffs claimed the mules under a mortgage executed to them by A. J. Simmons and others, which was dated in January, 1885, to secure a debt for advances to make a crop; and in which the mules were…
1Opinion of the CourtClopton, J.
Both parties deduce title to the mules, for the conversion of -which appellee sues, from successive mortgages executed by a common mortgagor; the first about January 13, 1885, to J. & T. Davidson, of which firm appellee is the surviving partner; and the other December 15, 1886, to Poliak & Co., of which appellant is the sole member. No question arises as to the claim of defendant to protection as a bona fide purchaser for a valuable consideration, if he took his mortgage without notice of the prior mortgage. The contestation between the parties is, which mortgage has the superior lien; and…
2Cases cited9 opinions
- Sanders v. KnoxSupreme Court of Alabama · 1876
- Thomason v. OdumSupreme Court of Alabama · 1857
- Riley v. RileySupreme Court of Alabama · 1860
- McGar v. AdamsSupreme Court of Alabama · 1880
- Hardaway v. SemmesSupreme Court of Alabama · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Davis & Co. v. ThomasSupreme Court of Alabama · 1908
- Fulsom-Morris Coal & Mining Co. v. MitchellSupreme Court of Oklahoma · 1913
- Hinton & Sons v. StrahanSupreme Court of Alabama · 1957
- Argo v. Sylacauga Mercantile Co.Alabama Court of Appeals · 1915
- Citizens State Bank v. JulianIndiana Supreme Court · 1899
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