Grimmer v. Nolen
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. A. H. Alston.. S. J. Noleu sued J. B. Grimmer and Bird McKinney' for the 'conversion by them of certain cotton seed on which it is alleged he held a mortgage. The proof showed that Bird and another McKinney executed and delivered to Nolen a mortgage on certain crops to be grown that year. The mortgage was executed in the presence of two witnesses and signed by mark by the mortgagors. Their names were spelled “McOinney.”
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Appeal from Tallapoosa Circuit Court. Heard before Hon. A. H. Alston.. S. J. Noleu sued J. B. Grimmer and Bird McKinney' for the 'conversion by them of certain cotton seed on which it is alleged he held a mortgage. The proof showed that Bird and another McKinney executed and delivered to Nolen a mortgage on certain crops to be grown that year. The mortgage was executed in the presence of two witnesses and signed by mark by the mortgagors. Their names were spelled “McOinney.” Grimmer, the appellant, took a mortgage from Bird McKinney of later date, and this mortgage ivas signed McKinney.…
1Opinion of the CourtHaralson, J.
S. J. Nolen, the plaintiff be»low, sued Bird McKinney and J. B. Grimmer in the justices’ court, for $75 damages, for the conversion, during the month of October, 1902, of 921 pounds of cotton, the property of the plaintiff. The justice rendered judgment against the defendant in favor of the plaintiff, and the former appealed to the circuit court, where the case was retried.
Besides the general issue, the defendant Grimmer pleaded a special plea numbered 2, in substance, that after having been duly adjudged a bankrupt in the United States district court, he obtained from said .court a discharge…
2Cases cited3 opinions
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Heil & Lauer's AppealSupreme Court of Pennsylvania · 1861
- Steiner Bros. v. ClisbySupreme Court of Alabama · 1891
3Cited by4 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Scott v. ThomasSupreme Court of Alabama · 1924
- Ingram v. WatsonSupreme Court of Alabama · 1924
- Citizens' Bank v. PearsonSupreme Court of Alabama · 1927