Brooks v. Ruff
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by Ransom C. Ruff, against Andrew J. Brooks, to recover damages for the conversion of a horse; and was commenced on the 2d September, 1858. The plaintiff claimed the horse under a mortgage from one S. P. Brownlie, and the defendant held him under a .purchase from said Brownlie.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by Ransom C. Ruff, against Andrew J. Brooks, to recover damages for the conversion of a horse; and was commenced on the 2d September, 1858. The plaintiff claimed the horse under a mortgage from one S. P. Brownlie, and the defendant held him under a .purchase from said Brownlie. It appeared that Brown* lie, in April, 1855, executed a mortgage on the horse, with other .property, to one Samuel Ivey -j the condition of which was, that he should “save the said Ivey harmless” against liability on a…
1Opinion of the CourtA. J. Walker, C. J.
The mortgage in this case was an assignment, upon a specified condition ; and upon the performance of the condition, the-mortgage was extinguished, and- tha: title revested in the mortgagor. This *374.proposition necessarily results from'the fact, that the mortgage is but a security for the discharge of a particular debt or duty; and it is well recognized in the law-books. — 1 Hilliard on Mort. 447 ; Gunn v. Young, 2 St. & P. 160 ; Deshaza v. Lewis, 5 St. & P. 91. The condition of the mortgage was, to save harmless the surety of the mortgagor. This the mortgagor unquestionably did, when he…
2Cases cited1 opinion
- Bonham v. GallowayIllinois Supreme Court · 1851
3Cited by6 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Grider v. TallySupreme Court of Alabama · 1884
- Crews v. HarlanTexas Supreme Court · 1905
- Dudley v. AbnerSupreme Court of Alabama · 1875
- Stearns v. GaffordSupreme Court of Alabama · 1876
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