Bryan v. Smith
Supreme Court of Alabama
Error to tbe Circuit Court of Pickens. Tried before tbe Hon. Turner Reavis. Detinue ■ by Smith against Bryan for thirty bales of cotton.
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Error to tbe Circuit Court of Pickens. Tried before tbe Hon. Turner Reavis. Detinue ■ by Smith against Bryan for thirty bales of cotton. The plaintiff, in the progress of the trial, proved and introduced in evidence, a writing in tbe following words, to wit: “ Know all men by these presents, that I, Willis Pope, of' Noxubee county, State of Mississippi, for and- in consideration of sundry moneys or cash advanced to me, made by Murray P. Smith, of Mobile, Ala., amounting to between thirteen and fifteen hundred dollars, at divers times during this season, on my crop of cotton, in order to…
1Opinion of the CourtPhelan, J.
Tbe instrument made by Willis Pope in favor of tbe plaintiff, and delivered to bis agent, Turner, in Columbus, Miss., on tbe 24th September, 1849, by wbicb be “assigned,” as it reads, to plaintiff, thirty bales of cotton described, to secure bim for money then and before that time advanced, to tbe amount of thirteen to fifteen hundred dollars, was unquestionably a contract for tbe pledge of cotton, to secure tbe payment of money advanced. Whether tbe contract was actually executed by tbe delivery of tbe instrument to plaintiff’s agent, and that fact amounted in law to a delivery of tbe cotton…
2Cases cited2 opinions
- Bean v. PearsallSupreme Court of Alabama · 1847
- Desha, Sheppard & Co. v. PopeSupreme Court of Alabama · 1844
3Cited by13 opinions
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Jones v. AndersonSupreme Court of Alabama · 1884
- Abraham v. CarterSupreme Court of Alabama · 1875
- Snellgrove v. EvansSupreme Court of Alabama · 1906
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