Dyer v. State
Supreme Court of Alabama
From tbe Circuit Court of Cherokee. Tried before tbe Hon. John B. Tally. Tbe indictment in this case was found on the 1st October, 1886, and charged that tbe defendant, Cap.
Read the full summary
From tbe Circuit Court of Cherokee. Tried before tbe Hon. John B. Tally. Tbe indictment in this case was found on the 1st October, 1886, and charged that tbe defendant, Cap. Dyer, with tbe intent to binder, delay and defraud James D. Kirkpatrick, “did sell or remove personal property, consisting of two cows and two calves, and 1100 pounds of seed-cotton, of the value of $35,” .on which property said Kirkpatrick bad a mortgage, or written lien for advances, of which lien or mortgage defendant had knowledge. The verdict of the jury was in these words: “We, the jury, find the defendant guilty as…
1Opinion of the CourtSomerville, J.
1. The mortgage introduced in evidence purports on its face to have been given “in consideration of advances made for the year 1884, and to secure the same,” reciting the amount to be the sum of one hundred dollars. Whether these advances had already been made, or were agreed to be made by the mortgagee, the consideration recited was prima facie sufficient, as between the immediate parties to the instrument.' — 1 Jones Mortg. (3d Ed.), § 64; Collier v. Faulk, 69 Ala. 58; Huckaba v. Abbott, 87 Ala. 409; Laws on v. Alabama Warehouse Co., 80 Ala. 341. There being no evidence in rebuttal of this…
2Cases cited6 opinions
- Collier v. FaulkSupreme Court of Alabama · 1881
- Meyer Bros. v. CookSupreme Court of Alabama · 1888
- Drum & Ezekiel v. HarrisonSupreme Court of Alabama · 1887
- Gans v. WilliamsSupreme Court of Alabama · 1878
- Huckaba v. AbbottSupreme Court of Alabama · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892
- Western Union Telegraph Co. v. BowmanSupreme Court of Alabama · 1904
- State v. SextonWashington Supreme Court · 1905
- Barlew v. StateAlabama Court of Appeals · 1912
- Ellis v. ReavesTennessee Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.