Gardner's Adm'r v. Morrison
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. This was an action of detinue at the suit of the defendant in error, to recover a female slave named Keziah. The cause was tried on the general issue, a verdict returned for the plaintiff below, estimating the value of the slave at $350, and the damages for her detention at $150, and judgment was thereon rendered.
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Writ of Error to the Circuit Court of Lowndes. This was an action of detinue at the suit of the defendant in error, to recover a female slave named Keziah. The cause was tried on the general issue, a verdict returned for the plaintiff below, estimating the value of the slave at $350, and the damages for her detention at $150, and judgment was thereon rendered. From a bill of exceptions sealed at the defendant’s instance, it appears that he offered evidence tending to show, that the slave in question was mortgaged by the plaintiff’s mortgagor to one A. Harrison, for a sum of money still due,…
1Opinion of the Court
COLLIER C. J.
It is well settled, that a conveyance by mortgage passes the legal title to the mortgagee ; unless by the terms employed, it is shown that it was not intended to have this effect, at least until after forfeiture. [Duval’s Heirs v. McLoskey, 1 Ala. R. 708, and cases there cited.] The mortgagee is taken to be the owner of the fee, as against the mortgagor and all persons claiming under him; and as the right of possession follows the right of property, if there be no stipulation to restrain it, he is entitled to possession before condition broken, and is liable to be dispossessed…
2Cases cited2 opinions
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Willington v. GaleMassachusetts Supreme Judicial Court · 1810
3Cited by7 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Draper v. WalkerSupreme Court of Alabama · 1893
- Thorn v. KempSupreme Court of Alabama · 1893
- Cowley v. ShelbySupreme Court of Alabama · 1881
- James v. WilsonNorth Dakota Supreme Court · 1898
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