Thompson & Co. v. Union Warehouse Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the-Hon. John R. TysoN. The facts are sufficiently stated in the opinion. There are at least four reasons why the court below should not have given the affirmative charge for the defendant, but should have given the affirmative charge for the plaintiff. 1st. There is no controversy but that the mortgage to Warren was valid and that the mortgage to Thompson was valid.
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Appeal from the Circuit Court of Montgomery. Tried before the-Hon. John R. TysoN. The facts are sufficiently stated in the opinion. There are at least four reasons why the court below should not have given the affirmative charge for the defendant, but should have given the affirmative charge for the plaintiff. 1st. There is no controversy but that the mortgage to Warren was valid and that the mortgage to Thompson was valid. If this be true, then to give force and effect to both is the duty of the court. So the question, as to whether detinue was the proper action can not possibly arise ; for…
1Opinion of the Court
HEAD,.!.
Detinue by appellants for three bales of cotton. One Ghesson, being the owner and in possession of certain lands, on the 21st day of December, 1892, executed a mortgage thereon to J.Tt. Warren & Co., to secure two notes for $1,000, each, the one payable October 5th, 1893, and the other November 5th, 1893. Upon default in the payment of either, Warren & Co. were authorized to take possession of the lands and sell the same for the payment of the mortgage debt. Default was made in payment of the first note, and on the 10th of October, 1893, Ghesson, the mortgagor, surrendered possession…
2Cases cited2 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Hooper v. PayneSupreme Court of Alabama · 1891
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