R. P. Harris & Co. v. Thomas
Alabama Court of Appeals
Appeal from Circuit Court, Coosa County; E. J. Garrison, Judge. Action of detinue by R. P. Harris & Co. against Wylie Thomas for the recovery of a mule. Judgment for defendant, and plaintiff appeals. Under the facts in this case,' and the provisions contained in the mortgage, the plaintiff was entitled to recover the mule. 67 Ala. 529; 22 Neb. 717, 36 N. W. 155, 3 Am. St. Rep. 286; 63 Mich. 97, 29 N. W. 837, 6 Am. St. Rep. 284; Jones on Mortgages, §§ 766, 1174-1191.
1Opinion of the CourtSamhord, J.
The plaintiff sold to defendant the mule here sued for, taking in payment thereof a mare and a chattel mortgage due November 1, 1920, to secure the payment of $152. The mortgage covered the inule sold and also defendant’s crops for 1919 and 1920, and at the time of the transaction defendant stated to plaintiff that he had rented the place which he cultivated in 1919 for another year from T. J. Beatty at a rental of $50. There was testimony as to other statements and understandings between the parties, not necessary here to set out. There was a clause in the mortgage warranting the property…
2Cases cited4 opinions
- Roy v. GoingsIllinois Supreme Court · 1880
- Werner v. BergmanSupreme Court of Kansas · 1882
- Henderson Law Co. v. WilsonSupreme Court of Alabama · 1909
- Huebner v. KoebkeWisconsin Supreme Court · 1877
3Cited by10 opinions
- Charles H. McCauley Associates v. SnookSupreme Court of Alabama · 1976
- Manufacturers' Finance Acceptance Corp. v. WoodsSupreme Court of Alabama · 1930
- Miller v. BryantAlabama Court of Appeals · 1933
- Norwood Hospital, Inc. v. HowtonAlabama Court of Appeals · 1946
- Brittain v. Prudential Ins. Co. of AmericaAlabama Court of Appeals · 1939
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