Snellgrove v. Evans
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. This is a suit in detinue begun by John Evans against J. E. Snellgrove to recover two horses belonging to P. H. Snow before his death. The facts are that Snow came to the office of Evan’s attorney in Albertville and executed a note and mortgage to Evans upon the horses involved in the suit.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. This is a suit in detinue begun by John Evans against J. E. Snellgrove to recover two horses belonging to P. H. Snow before his death. The facts are that Snow came to the office of Evan’s attorney in Albertville and executed a note and mortgage to Evans upon the horses involved in the suit. The attorney of Evans had an account against Snow past due in favor of Evans, and SnoAv executed a note and mortgage to secure the account and extend the time of its payment.- At the time the mortgage was executed, the horses were…
1Opinion of the CourtAnderson, J.
This ivas' an action of detinue, brought by the plaintiff, a mortgagee, for two horses in the possession of the defendant, who claimed them under a liveryman’s lien, as given hv section 2774 of the Code of 1896,- as amended by Acts. 1898-99, p. 39. The plain*603tiff proved without dispute, by McCord, that he had in his hands for collection against Snow, the owner of the horses, a past-due account, which the said Snow admitted to be correct and gave a note and mortgage in settlement thereof, dated September the 19th and payable November 1,1903. The proof also showed that the horses were not in the…
2Cases cited13 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Barton v. BartonSupreme Court of Alabama · 1883
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Carlisle v. Peoples BankSupreme Court of Alabama · 1898
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3Cited by14 opinions
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- Dillworth v. Holmes Furn. & Vehicle Co.Alabama Court of Appeals · 1916
- Knight v. GardenSupreme Court of Alabama · 1916
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