Miller v. Cannon & Co.
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Tried before the Hon. John Moose. The action was brought by appellant, as administrator, for a mule, which appellant claimed was sold by his intestate conditionally to one Edwards, who mortgaged the mule to appellees. Appellees took possession thereof under the power in the mortgage for Edwards’ debt. cited. 65 Ala. 505; 58 Ala. 468; 50 Ala. 470.
1Opinion of the CourtStone, C. J.
There appears to be some misapprehension, or confusion, in the interpretation of our various rulings on § 3058, Code of 187G; § 2765, Code of 1886. Possibly some of our unguarded expressions have contributed to this confusion. We propose in this opinion to attempt an explanation and reconciliation of the various rulings, and to declare what we conceive to be the true interpretation of the statute.
The case of Cousins v. Jackson, 52 Ala. 262, was’ as follows: B. T. Cousins recovered a judgment or decree against Morris Cousins, as administrator. Jackson was one of the sureties on his…
2Cases cited8 opinions
- Boykin v. SmithSupreme Court of Alabama · 1880
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
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3Cited by30 opinions
- Hodges v. DennySupreme Court of Alabama · 1888
- Warten v. BlackSupreme Court of Alabama · 1915
- Southern Natural Gas Co. v. DavidsonSupreme Court of Alabama · 1932
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
- Hillens v. BrinsfieldSupreme Court of Alabama · 1895
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