Beal v. McKee
Supreme Court of Alabama
Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Detinue to recover a gray mule by G. H. McKee against John Beal. From a judgment for plaintiff, defendant appeals. The plaintiff derived title through a mortgage, which is set out in the record, and it was shown that at the time the suit was brought, the defendant was in the possession of a mule.
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Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Detinue to recover a gray mule by G. H. McKee against John Beal. From a judgment for plaintiff, defendant appeals. The plaintiff derived title through a mortgage, which is set out in the record, and it was shown that at the time the suit was brought, the defendant was in the possession of a mule. In his own behalf, the defendant testified that the year the suit was brought he worked on shares for a part of the crop on the Oak Grove place, belonging to one Lewis, “who furnished me the team to work with, and this mule was the one…
1Opinion of the CourtDowdell, J.
According to the recital in the judgment entry, the case was tried alone on the plea of the general issue. The plaintiff’s title was based on a mortgage executed to plaintiff by one Isham Rhodes. The evidence was without conflict that Rhodes was in possession of the property sued for, claiming it as his own, at the date of the execution of the mortgage. The con*481sideration of tlie mortgage was >sliown. There was evidence sufficient from which the jury were authorized to infer that the defendant was in possession of the property at the time suit was commenced. The trial court, therefore,…
2Cited by46 opinions
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