Legal Opinion · Dissent

Dutton v. Gibson

Supreme Court of Alabama

Decided December 18, 1930No. 8 Div. 221Published

1DissentBrown, J.

The litigation in Stewart v. Clemens, 220 Ala. 224, 124 So. 863, 66 A. L. R. 1454, as here, was not between the parties to the mortgage, and here the litigation is between two alleged mortgagees, the plaintiff claiming under two mortgages executed by Wallace Harroway to plaintiff to secure the payment of the purchase money for the mules, in which the mules are described as “One black horse mule 9 yrs old weight about 1050 lbs. One black horse mule 9 yrs old weight about 1050 lbs. Both mules known as C. F. Moore mules.” Said mortgages were executed on the 7th day of January, 1925, and filed…

2Cases cited18 opinions

  1. Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
  2. Barrett v. FischSupreme Court of Iowa · 1889
  3. Thornton v. Sheffield & Birmingham R. R.Supreme Court of Alabama · 1887
  4. Stickney v. Dunaway & LambertSupreme Court of Alabama · 1910
  5. Muir v. BlakeSupreme Court of Iowa · 1882

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