Ashley v. Hill

The first count of the complaint was in detinue, and claimed certain personal property based upon a mortgage note reserving title to the property sued for until the entire purchase money was paid, and the second count declared on the promise to pay as set out in the note. This is authorized under section 9467 of the Code of 1923, providing for the joining of actions ex delicto and ex contractu in the same suit, where the causes of action arise out of the same transaction or relate to the same subject-matter. In such cases the issue may be determined separately by the jury, and the court shall…