Lowery v. Haley
Alabama Court of Appeals
Trover. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Trover and case by C. L. Haley against Joe Lowery. Judgment for plaintiff and defendant appeals. It does not appear that the mortgagor had his abode and kept the property mortgaged in the county where the mortgage was recorded, and this proof is essential to make such recordation constructive notice to purchasers for value. Section 3376, Code 1907, and authorities there cited.
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Trover. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Trover and case by C. L. Haley against Joe Lowery. Judgment for plaintiff and defendant appeals. It does not appear that the mortgagor had his abode and kept the property mortgaged in the county where the mortgage was recorded, and this proof is essential to make such recordation constructive notice to purchasers for value. Section 3376, Code 1907, and authorities there cited. The plaintiff was the holder of the mortgage as collaterial security only, and had no such title as would support trover. — Sections 3301-5…
1Opinion of the Court
THOMAS, J.-
-The suit was by appellee (Haley) against the appellant (Lowery), and the complaint contained two counts^ — one in trover for the conversion of two mules therein described, and the other in case for the destruction of a lien upon said mules.
It appeared without dispute that the only claim that the plaintiff had upon the mules was as the transferee of a certain mortgage, which had been executed upon them by one C. S. Robbins to one D. B. Robbins on March 14, 1914, and which had been transferred to the plaintiff by the said mortgagee as collateral security for a loan not due, the…
2Cases cited7 opinions
- Heflin v. SlaySupreme Court of Alabama · 1884
- Stickney v. Dunaway & LambertSupreme Court of Alabama · 1910
- Graham v. NewmanSupreme Court of Alabama · 1852
- Anniston Mfg. Co. v. So. R'y Co.Supreme Court of Alabama · 1906
- Clark v. Johnson & LattimerAlabama Court of Appeals · 1913
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3Cited by3 opinions
- Sims v. United Auto Supply Co.Supreme Court of Alabama · 1930
- Albertville Trading Co. v. BrooksAlabama Court of Appeals · 1927
- Griffis v. WilsonAlabama Court of Appeals · 1922