Tompkins v. Henderson & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before the Hon. John P. Hubbard. This action was brought by J. M. Henderson & Co., suing individually and as partners, against Micajah Tompkins, to recover a mule, which was described in the complaint as a “black mare mule,” with damages for its detention; and was commenced on the 10th April, 1886. The defendant “pleaded the general issue, and issue was joined on that plea.”
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Appeal from the Circuit Court of Covington. Tried before the Hon. John P. Hubbard. This action was brought by J. M. Henderson & Co., suing individually and as partners, against Micajah Tompkins, to recover a mule, which was described in the complaint as a “black mare mule,” with damages for its detention; and was commenced on the 10th April, 1886. The defendant “pleaded the general issue, and issue was joined on that plea.” On the trial, as the bill of exceptions shows, it appeared that the plaintiffs claimed the mule under a mortgage for advances to make a crop, executed to them by Isaiah…
1Opinion of the CourtStone, C. J.
The mule described in the mortgage is a “black mare mule.” The witnesses describe the mule sued for as a “dark mouse-colored mare mule,” and as a “mouse-colored mule.” The complaint, as amended, claims a dark mouse-colored-mare mule. There is some testimony to show actual notice of Henderson & Co.’s claim, given before the sale — that this was the mule actually mortgaged— and that the defendant in execution had no other mules than the two mentioned in the mortgage as “black mare mules.” The.description in the mortgage is not so entirely false or misleading, as that the mortgage and other…
2Cases cited7 opinions
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- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
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- Bolling v. JonesSupreme Court of Alabama · 1880
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