Hood v. Jenkins
Alabama Court of Appeals
Appeal from Circuit Court, Etowah County; J. E. Blackwood, Judge. Action by R. L. Hood against John Jenkins. Prom an order refusing to set aside verdict' for plaintiff! on liis motion for new 'trial, plaintiff appeals.
1Opinion of the CourtBrown, P. J.
[1] This is an, action of detinue by appellant against appellee to recover two mules and other personal property. The plaintiff claims title under a mortgage executed by the defendant. In addition to the general issue, and a suggestion that the jury ascertain the amount due on the mortgage, defendant, as he had a right to do, pleaded a breach of warranty made by the plaintiff as to the soundness of the mules, the purchase price of which constituted the consideration of the mortgage relied upon by plaintiff. Code 1907, § 3791; Miller v. Johnson, 189 Ala. 354, 66 South. 486; Wertheimer Bag Co.…
2Cases cited4 opinions
- Tabor v. PetersSupreme Court of Alabama · 1883
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
- Miller v. JohnsonSupreme Court of Alabama · 1914
- Wertheimer Bag Co. v. HillAlabama Court of Appeals · 1915
3Cited by3 opinions
- Thompson v. Manufacturers' Finance Acceptance Corp.Alabama Court of Appeals · 1933
- Hood v. JenkinsSupreme Court of Alabama · 1917
- Thompson v. Manufacturers' Finance Acceptance Corp.Alabama Court of Appeals · 1933