Warten v. Black
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Detinue by Henry Warten against Owen Black. Plaintiff ,ving died, the action was revived by Leo M. Warten and others as executors. Judgment for defendant, and plaintiffs appeal The facts sufficiently appear from the opinion.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Detinue by Henry Warten against Owen Black. Plaintiff ,ving died, the action was revived by Leo M. Warten and others as executors. Judgment for defendant, and plaintiffs appeal The facts sufficiently appear from the opinion. The follow ing charges were given for defendant: (1) I charge you, gen tlemen of the jury, that where a debtor owes to a creditor : secured debt and an unsecured debt, he has the right under tb law to direct the application of payment made by him, or credi to which he is entitled, to the reduction of or…
1Opinion of the Court
SAYRE, J.(1) This action of detinue was brought bj Henry Warten against appellee for the recovery of horses, mulea baled hay, and farm implements. During the progress of th cause Warten died, and there was a revivor by appellants a his executors. Plaintiffs claimed title to the property in suit, wit] one exception to be noted later, under a mortgage executed b; defendant to their testator; while defendant claimed that th mortgage title had been divested by payment and discharge o the mortgage debt. Defendant adduced evidence the competenc; of which is not denied, going to show that upon a…
2Cases cited38 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Lerche v. . BrasherNew York Court of Appeals · 1887
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Moores v. WillsTexas Supreme Court · 1887
33 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Redwine v. JacksonSupreme Court of Alabama · 1950
- Richards v. WilliamsSupreme Court of Alabama · 1936
- Southern Natural Gas Co. v. DavidsonSupreme Court of Alabama · 1932
- Williams v. DentSupreme Court of Alabama · 1936
- Moore v. MooreSupreme Court of Alabama · 1925
28 more not listed; retrieve them via the Exa API.