Clemmons, Powers & Co. v. Metcalf
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. M. Solute. Action by Clemmons, Powers & Co. against P. M. Metcalf for the destruction of a mortgage lien on cotton, From a judgment for defendant, plaintiff appeals.
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Appeal from Geneva Circuit Court. Heard before Hon. M. Solute. Action by Clemmons, Powers & Co. against P. M. Metcalf for the destruction of a mortgage lien on cotton, From a judgment for defendant, plaintiff appeals. The substance of the testimony on which an estoppel and waiver was sought to be predicated was that Met-calf told one of the firm of Clemmons, Powers & Co. that he took a mortgage on Clemmons in the fall of 1907, embracing the crops of 1908, and that he had furnished said Clemmons between $2,000 and $3,000 with which to make the crop, and that Powers told him that Clemmons owed…
1Opinion of the CourtEvans, J.
On the 4th day of March, 1907, one J. W. Clemmons executed and delivered to complainants, Clemmons, Power & Co., a mortgage upon his entire crop of cotton to he grown by him in Geneva county in the. year 1908 to secure an indebtedness of $750, due- October 15, 1908. In the year 1908 the said J. W. Clemmons made a crop of cotton on lands in Geneva county of which he was in possession, claiming title and ownership at. the time this mortgage was executed. The mortgage was filed for record in the office of the judge of probate of Geneva county on the 23d day of March, 1907, and. duly recorded. On…
2Cases cited3 opinions
- Peabody v. MaguireSupreme Judicial Court of Maine · 1887
- Caulfield v. FinneganSupreme Court of Alabama · 1896
- Walker v. Wigginton's AdministratorSupreme Court of Alabama · 1874
3Cited by3 opinions
- Metcalf v. Clemmons-Powers & Co.Supreme Court of Alabama · 1917
- Shaw v. KinneySupreme Court of Alabama · 1933
- Hattemer v. DavisSupreme Court of Alabama · 1921