Rarden v. Cunningham
Supreme Court of Alabama
Appeal from the Bessemer City Court. Tried before the Hon. 'B. C. Jones. This action ivas instituted by T. R. Cunningham against J. W. Barden, find sought to recover damages for the wrongful taking of one mule, one wagon and a set of harness. The defendant [headed the general issue, and also a special plea justifying the taking under a mortgage lie held upon the property, on which defendant claimed there ivas a balance due when the property was taken.
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Appeal from the Bessemer City Court. Tried before the Hon. 'B. C. Jones. This action ivas instituted by T. R. Cunningham against J. W. Barden, find sought to recover damages for the wrongful taking of one mule, one wagon and a set of harness. The defendant [headed the general issue, and also a special plea justifying the taking under a mortgage lie held upon the property, on which defendant claimed there ivas a balance due when the property was taken. On these pleas issue was taken. The opinion sufficiently shows the facts as to the admission and exclusion of evidence. Charge 9, referred to…
1Opinion of the CourtTyson, J.
One of the material issues presented by the pleading was whether there was anything due upon the mortgage executed by plaintiff to defendant and under which the defendant undertook to justify his taking of the property. — Street v. Sinclair, 71 Ala. 110. On this issue there was conflict in the evidence. The evidence in behalf of plaintiff tended to show that he liad overpaid the mortgage debt before the alleged trespass was committed, while that offered in behalf of defendant tended to show he had not and that there was something due upon the mortgage. It was without dispute that on the next…
2Cases cited13 opinions
- Davis v. StateSupreme Court of Alabama · 1901
- Street v. SinclairSupreme Court of Alabama · 1881
- McGehee v. StateSupreme Court of Alabama · 1875
- Gravlee v. LamkinSupreme Court of Alabama · 1897
- Rice v. Schloss & KahnSupreme Court of Alabama · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Verberg v. StateSupreme Court of Alabama · 1902
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- Town of Vernon v. WedgeworthSupreme Court of Alabama · 1906
- Williamson Iron Co. v. McQueenSupreme Court of Alabama · 1906
- Hutto v. StoughSupreme Court of Alabama · 1908
10 more not listed; retrieve them via the Exa API.