Dunlap v. Steele
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Tried before Gideon C. Ellis, Esq., special judge. This was an action of trespass, brought by Steele & Yandergrift, partners, against William Dunlap, for an alleged injury to certain personal property mortgaged to the plaintiffs. Defendant interposed the plea of not guilty.
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Appeal from St. Clair Circuit Court. Tried before Gideon C. Ellis, Esq., special judge. This was an action of trespass, brought by Steele & Yandergrift, partners, against William Dunlap, for an alleged injury to certain personal property mortgaged to the plaintiffs. Defendant interposed the plea of not guilty. From the evidence, it appears that plaintiffs were merchants, doing business in Birmingham, Ala.; that one J. B. Simmons became indebted to them in tbe sum of seventy-five dollars, for'which he executed his note on .the 10th of March, 1881, due and payable on the first of November…
1Opinion of the CourtClopton, J.
The gist of the action of trespass for in*427juries done to personal property is the damage to the possession ; and to entitle a plaintiff to maintain the action, he must have, at the time of the injury, actual possession, or title and right to immediate possession. The general rule in respect to mortgages is, if the mortgage contains no stipulation or reservation to the contrary, the mortgagee has the right to immediate possession at any time — constructive possession- — and may sustain an action for injury done to the property, though in actual possession of the mortgagor. But, if the mortgage…
2Cases cited4 opinions
- Boswell & Woolley v. Carlisle, Jones & Co.Supreme Court of Alabama · 1881
- Nelson v. BondurantSupreme Court of Alabama · 1855
- Welch v. WhittemoreSupreme Judicial Court of Maine · 1845
- Agee v. Mayer Bros.Supreme Court of Alabama · 1881
3Cited by10 opinions
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- Sharpe v. Wells Fargo Home Mortgage (In Re Sharpe)United States Bankruptcy Court, N.D. Alabama · 2008
- Bush & Co. v. WillisSupreme Court of Alabama · 1900
- W. K. Syson Timber Co. v. DickensSupreme Court of Alabama · 1906
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