Daniel Bros. v. Jordan & Son
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. E. J. Clifton executed a mortgage to Daniel Bros., upon certain oxen and wagons. At a later date, he executed a mortgage on the same property to H. R. Jordan & Son. Daniel Bros, obtained possession of the property through a suit in the Gadsden city court, and Jordan & Son brought this action of detinue for the recovery of the property. Jordan & Sons were not parties to the former suit.
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Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. E. J. Clifton executed a mortgage to Daniel Bros., upon certain oxen and wagons. At a later date, he executed a mortgage on the same property to H. R. Jordan & Son. Daniel Bros, obtained possession of the property through a suit in the Gadsden city court, and Jordan & Son brought this action of detinue for the recovery of the property. Jordan & Sons were not parties to the former suit. In the judgment rendered, the value of the use of the oxen was assessed at $46.00, and the value of the use of the wagon was $23.00. The…
1Opinion of the CourtDowdell, J.
The plaintiff and defendant each claim title to the property in question through mortgages from a common mortgagor. The mortgages through which the defendant claimed were prior in time to that of the mortgage through which the plaintiff claimed. At the time of the suit brought the defendant was in the actual possession of the property, ne had obtained this, possession by a judgment of the city court of Gadsden in a. detinue suit brought for the recovery of this property against a third party in possession, and in which suit the mortgagor became a party as claimant. The defendant, therefore,…
2Cases cited1 opinion
- Vaughn v. WoodSupreme Court of Alabama · 1843
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