Connally v. Spragins
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by James R. Spragins, against Hampton Connally, to recover a mule, which was described in the original summons as “ a certain Made, one-eyed, horse mule, named Joe ”; and was commenced before a justice of the peace, on the loth November, 1875. The constable’s return,' as indorsed on the summons, was in these words: “ Executed by leved the within attachment on one bay horse…
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Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by James R. Spragins, against Hampton Connally, to recover a mule, which was described in the original summons as “ a certain Made, one-eyed, horse mule, named Joe ”; and was commenced before a justice of the peace, on the loth November, 1875. The constable’s return,' as indorsed on the summons, was in these words: “ Executed by leved the within attachment on one bay horse mule, marked U. S.” In the Circuit Court, at the Spring term, 1876, the plaintiff filed a complaint as follows : “ The…
1Opinion of the CourtSomeryille, J.
The description of the animal sued for, as ‘one black mule about eight years old,’ is not so general or indefinite as to avoid the mortgage, or authorize its exclusion from evidence. Such a general description may be rendered more certain when “ read in the light of circumstances surrounding the parties,” at the time the instrument was executed. And it was sufficient, when recorded, to excite the inquiry of strangers dealing with the mortgagor,’ and thus charge them with notice.—Ellis v. Martin, 60 Ala. 394.
The evidence, explanatory of the alteration of the date of the mortgage, tended tó…
2Cases cited1 opinion
- Ellis v. MartinSupreme Court of Alabama · 1877
3Cited by13 opinions
- Stickney v. Dunaway & LambertSupreme Court of Alabama · 1910
- Smith v. FieldsSupreme Court of Alabama · 1885
- Woods v. RoseSupreme Court of Alabama · 1902
- Holman v. ClarkSupreme Court of Alabama · 1906
- Buck v. Davenport Savings BankNebraska Supreme Court · 1890
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