Wallis v. Long
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. J. J. Woodward. Tins was an action of detinue brought by the plaintiff against the defendant in error to recover a slave by the name of Harriett. The plaintiff on the trial, in support of his title, offered in evidence a deed of mortgage of said slave executed by one John Simmons to him on the 6th day of August 1844, to secure the payment of certain notes to him by said Simmons.
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Error to the Circuit Court of Talladega. Tried before the Hon. J. J. Woodward. Tins was an action of detinue brought by the plaintiff against the defendant in error to recover a slave by the name of Harriett. The plaintiff on the trial, in support of his title, offered in evidence a deed of mortgage of said slave executed by one John Simmons to him on the 6th day of August 1844, to secure the payment of certain notes to him by said Simmons. He then proved the value of the slave and of her hire, and execution by the defendant of a replevy bond for the slave-when the writ was served, which was…
1Opinion of the CourtDargan, C. J.
A mortgage is a mere security for the payment of a debt. It forms no part of the debt itself, and therefore may be released or discharged without affecting the validity of the debt. This is not denied by the counsel for the plaintiff, but it is contended that as the mortgage deed was under seal no parol agreement should be received as evidence of its discharge. To this argument we cannot assent. In the case of Barrelli & Martin v. O’Conner, 6 Ala. Rep. 617, this court held, that evidence might be received of an executed parol contract in discharge of a contract under seal. The decision is…
2Cases cited1 opinion
- Barelli v. O'ConnerSupreme Court of Alabama · 1844
3Cited by19 opinions
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
- Stevens v. . TurlingtonSupreme Court of North Carolina · 1923
- Nesbitt v. McGeheeSupreme Court of Alabama · 1855
- Abbeville Live Stock Co. v. WaldenSupreme Court of Alabama · 1923
- Barker v. BellSupreme Court of Alabama · 1861
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