Mervine v. White
Supreme Court of Alabama
AppeaIj from the City Court of Montgomery. Tried before the Hon. John D. Cunningham. This action was brought by Laura Missouri Mervine, against George White, to recover a mule; and was commenced on the 17th day of April, 1872. The complaint was in the form prescribed by the Revised Code, p. 674, “ For the recovery of chattels in specie; ” and the only plea was the general issue.
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AppeaIj from the City Court of Montgomery. Tried before the Hon. John D. Cunningham. This action was brought by Laura Missouri Mervine, against George White, to recover a mule; and was commenced on the 17th day of April, 1872. The complaint was in the form prescribed by the Revised Code, p. 674, “ For the recovery of chattels in specie; ” and the only plea was the general issue. On the trial, as the bill of exceptions shows, the plaintiff read in evidence to the jury, without objection, the written instrument, or mortgage, under which she claimed the mule, and the note it was given to secure;…
1Opinion of the CourtB. F. Saffold, J.
[After stating the facts.] The introduction of the writing claimed to be a mortgage, and of the note, without objection, presupposes proof of their execution, or the admission of the defendant to that effect. The writing is clearly a mortgage, which “ is a contract, whereby a debtor grants or conveys some estate or interest in land, or transfers certain goods and chattels to his creditor, subject to a proviso, that if the debt is discharged by a day named, the grant or transfer shall be void, and the debtor shall be entitled to repossess himself of his lands, or of his goods and chattels, and…
2Cases cited3 opinions
- Bell v. PharrSupreme Court of Alabama · 1845
- Morrison v. JudgeSupreme Court of Alabama · 1848
- Hopkins v. ThompsonSupreme Court of Alabama · 1835
3Cited by14 opinions
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Merrill v. ResslerSupreme Court of Minnesota · 1887
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- Minge v. ClarkSupreme Court of Alabama · 1915
- Hollimon v. McGregorSupreme Court of Alabama · 1932
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