Seay v. McCormick
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon. John P. Hubbard. This was an action of trover brought by tbe appellee against the appellants for the conversion of one bale of cotton. On the trial the appellee proved, and offered in evidence a mortgage executed by one Adams, on lOtb January, 1880, conveying “ my entire crop of corn cotton seed fodder peas potatoes and cane that I may make the present year on my place,” without tbe use of any marks of punctuation.
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Appeal from Pike Circuit Court. Tried before Hon. John P. Hubbard. This was an action of trover brought by tbe appellee against the appellants for the conversion of one bale of cotton. On the trial the appellee proved, and offered in evidence a mortgage executed by one Adams, on lOtb January, 1880, conveying “ my entire crop of corn cotton seed fodder peas potatoes and cane that I may make the present year on my place,” without tbe use of any marks of punctuation. The appellants objected to tbe admission of the mortgage in evidence on tbe grounds, (1) that tbe mortgage did not convey the…
1Opinion of the CourtSomeeyille, J.
The mortgage introduced in evidence in this case is not void for uncertainty, as insisted by the appellants’ counsel. The description of the crops conveyed is very general and indefinite, but is capable of being rendered certain by showing the lands cultivated by the mortgagor for the year 1880, and the quantity of the crops respectively raised. This point was so ruled in Ellis v. Martin, 60 Ala. 394, where a mortgage was ineffectually assailed on a like ground.
So, likewise, the instrument being inartificially drafted and without any points or marks of punctuation, as appears from an…
2Cases cited2 opinions
- Ellis v. MartinSupreme Court of Alabama · 1877
- Grant v. SteinerSupreme Court of Alabama · 1880
3Cited by6 opinions
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Vizard v. RobinsonSupreme Court of Alabama · 1913
- Monovis, Inc. v. AquinoDistrict Court, W.D. New York · 1994
- Truss v. HarveySupreme Court of Alabama · 1898
- Martin v. Consolidated Cone Co.Supreme Court of Alabama · 1927
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