1st National Bank v. Howell
Supreme Court of Alabama
Damages for Destruction of Lien. Appeal from Henry Circuit Court. Heard beforé Hon. A. A. Evans. Action by First National Bank of Headland against Howell and another as partners, for the destruction of an alleged lien under a. mortgage on a certain crop.
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Damages for Destruction of Lien. Appeal from Henry Circuit Court. Heard beforé Hon. A. A. Evans. Action by First National Bank of Headland against Howell and another as partners, for the destruction of an alleged lien under a. mortgage on a certain crop. Judgment for defendant and plaintiff appeals. — The question in this case is not an open one, but has been decided in accordance with the contention of appellant in the case of Mayer £ Go. v. Taylor £ Go., 69 Ala. 403; Shows v. Brantley, 127 Ala. 352. — No brief reached, the Reporter.
1Opinion of the CourtSimpson, J.
— This action is by the appellant against the appellees, seeking to recover for the destruction of plaintiff’s lien by virtue‘of certain mortgages oh two bales of cotton, which it is alleged the defend*384ants received and shipped beyond the limits of the state.
The first mortgage was dated September 8, 1905, and conveys, in addition to other personal property, “our entire crop of every kind and description grown by us or under our direction. on any plantation in Henry county, Alabama, or elsewhere, in the years 1905, 1906, 1907, and 1908,” and authorizes the mortgagee to take possession and sell…
2Cases cited4 opinions
- Pullman Palace Car Co. v. HarrisonSupreme Court of Alabama · 1898
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Mecklin v. DemingSupreme Court of Alabama · 1895
- Shows v. BrantleySupreme Court of Alabama · 1899
3Cited by1 opinion
- Gillespie v. Bartlett & ByersSupreme Court of Alabama · 1924