Black v. Slocumb Mule Co.
Alabama Court of Appeals
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Detinue by the Slocumb' Mule Company against J. E. Black, and others. From a judgment for plaintiff against J. E. Black, he appeals.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Detinue by the Slocumb' Mule Company against J. E. Black, and others. From a judgment for plaintiff against J. E. Black, he appeals. The suit was against Black & Campbell, as individuals, but the verdict and judgment are against Black alone, and adjudged the whole cost to him, this was error. — S'ec. 3368, Code 1907; 90 Ala. 527; 111 Ala. 310. Counsel discusses the errors assigned as to evidence, and insists that a demand was necessary after the agreement to extend the time of payment of the mortgage, and that, therefore,…
1Opinion of the CourtWalker, P. J.
— The plaintiff’s claim to the property sued for was based upon a chattel mortgage. It is contended in behalf of the appellant (defendant below) that, because of a statement made to him by the plaintiff’s representative on the occasion of a partial payment being made on the secured debt after the law day of the mortgage to the effect that the plaintiff would “carry” the defendant till fall, the plaintiff was not entitled to maintain the suit, brought before that time, without having previously made a demand on the defendant for the possession of the property.
It is conceded in the argument…
2Cases cited8 opinions
- Bell v. PharrSupreme Court of Alabama · 1845
- Lawson's Adm'r v. Lay'sSupreme Court of Alabama · 1854
- Mervine v. WhiteSupreme Court of Alabama · 1874
- Daniel Bros. v. Jordan & SonSupreme Court of Alabama · 1906
- Scott v. ScruggsSupreme Court of Alabama · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hattiesburg Production Credit Ass'n v. SmithMississippi Supreme Court · 1941
- Chappell v. FalknerAlabama Court of Appeals · 1914
- Bank of Andalusia v. FreemanSupreme Court of Alabama · 1917
- International Harvester Co. of America v. PittmanSupreme Court of Alabama · 1933
- Birmingham Gas Co. v. McKinleySupreme Court of Alabama · 1934
2 more not listed; retrieve them via the Exa API.