Draper, Matthis & Co. v. Nixon
Supreme Court of Alabama
Statutory Detinue by Mortgagee, against Purchaser at Execution Sale against Mortgagor. Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box.
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Statutory Detinue by Mortgagee, against Purchaser at Execution Sale against Mortgagor. Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. This action was brought by Draper, Matthis & Co., suing as a partnership, against Stephen Nixon, to recover a wagon and a yoke of oxen; and was commenced in a justice’s court, on the 5th April, 1888. The property sued for had belonged to A. J. Ingram, and each party claimed under him; the plaintiffs, under two mortgages executed to them by said Ingram, which were dated in January and May, 1887; and the defendant as purchaser at a…
1Opinion of the CourtColeman, J.
— The suit was in detinue by appellants, and •on the trial the court gave a general charge to the jury in favor of the defendants.
The property sued for was sold by a constable on the 3d of March, 1888, under execution in favor of W. L. Windham against A. J. Ingram, issued on a judgment regularly recovered in the justice’s court. The execution stated that the judgment was obtained October 7th, 1882, and it has, among others, the following indorsements: February 7,1883, fi. fa. No. 1; October 12, 1883, fi. fa. No. 2; “Issued January 28th, 1888.” The executioii was received February 7th, 1888,…
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