Booker v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before tbe Hon. M. J. Saeeold. This action was brought bj Mrs. Margaret K. Jones, suing as the administratrix of her deceased husband, William A. Jones, against Edmund B. Booker, William N. Knight, Daniel T. Webster, Henry E. Wilson, and Henry H. Happel; and was commenced' on the 3d March, 1868. The case was before this court at its January term, 1872, when the judgment of the court below was reversed, and the cause remanded. —…
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Appeal from the Circuit Court of Hale. Tried before tbe Hon. M. J. Saeeold. This action was brought bj Mrs. Margaret K. Jones, suing as the administratrix of her deceased husband, William A. Jones, against Edmund B. Booker, William N. Knight, Daniel T. Webster, Henry E. Wilson, and Henry H. Happel; and was commenced' on the 3d March, 1868. The case was before this court at its January term, 1872, when the judgment of the court below was reversed, and the cause remanded. — See the report of the case, 48 Ala. 109-13. The material facts, as disclosed by the record, were thus stated by the Chief…
1Opinion of the Court
BRICKELL, C. J. —
1. It is insisted for the appellants that the mortgage is void, as a conveyance of the cotton, because it is a conveyance operating according to its terms, in. prce-senti, and the cotton had not then an actual or potential existence. The cause was before this court at a former term, and is reported as Jones, adm’x v. Webster et al., 48 Ala. 109. It was then decided that the mortgage was a valid, operative conveyance, vesting in the mortgagee a legal title to the cotton as it came into existence.
The operation and effect of mortgages of personal property not in existence, or…
2Cases cited16 opinions
- Butt v. EllettSupreme Court of the United States · 1874
- Smith v. AtkinsSupreme Court of Vermont · 1846
- Sillers v. LesterMississippi Supreme Court · 1873
- Mauldin, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1848
- Rinehart v. OlwineSupreme Court of Pennsylvania · 1843
11 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Buchmann v. CallahanSupreme Court of Alabama · 1930
32 more not listed; retrieve them via the Exa API.