Abraham v. Carter
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. John A. MiNNis. This was a trial of the right of property to two bags of cotton, between Abraham as plaintiff, Williams as defendant, and Carter as claimant.
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Appeal from City Court of Montgomery. Tried before Hon. John A. MiNNis. This was a trial of the right of property to two bags of cotton, between Abraham as plaintiff, Williams as defendant, and Carter as claimant. On the 28th day of January 1873, defendant'executed a note for advances on his crop, under § 1858, R. C., to Shulman, Goetter & Wiel, and executed a mortgage on his crop to secure the debt, both of which were properly recorded on the 7th day of February 1873. At the time of the execution of the note and mortgage, defendant received advances to the amount of only $55, although the…
1Opinion of the CourtBrickell, C. J.
At common law, things not in actual existence, but which are said to have a potential existence, that is, things which are the natural product or expected increase of something already belonging to the vendor, were the subject of sale or assignment. Thus a sale or assignment of the profits arising out of the use of a personal chattel owned by the vendor, as the income to be derived from the navigation of a steamboat, or a crop of cotton growing on lands of which the vendor had possession, has been supported by the judgment of this court. Stewart v. Fry 3 Ala. 573; Robinson v. Mauldin 11 Ala.…
2Cases cited7 opinions
- Butt v. EllettSupreme Court of the United States · 1874
- Sillers v. LesterMississippi Supreme Court · 1873
- Bryan v. SmithSupreme Court of Alabama · 1853
- Robinson & Caldwell v. MauldinSupreme Court of Alabama · 1847
- Head v. GoodwinSupreme Judicial Court of Maine · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Grant v. SteinerSupreme Court of Alabama · 1880
- Rees v. CoatsSupreme Court of Alabama · 1880
13 more not listed; retrieve them via the Exa API.