Montgomery v. Patterson
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Hon. John H. Disque. Detinue by A. Montgomery against J. L. Mofbut for a mule. Upon suggestion that Patterson claimed the mule notice was issued to him and he came in and defended. From a judgment for the substituted defendant plaintiff appeals. The rule is that in order for a claimant to. recover he must show that his title existed prior to the time he interposed the claim.
Read the full summary
Appeal from Etowah Circuit Court. Heard before Hon. John H. Disque. Detinue by A. Montgomery against J. L. Mofbut for a mule. Upon suggestion that Patterson claimed the mule notice was issued to him and he came in and defended. From a judgment for the substituted defendant plaintiff appeals. The rule is that in order for a claimant to. recover he must show that his title existed prior to the time he interposed the claim. He must recover on the strength of Ms own title and not the weakness of his adversary. — Seisel v. Folrner, 103 Ala. 495] Donaldson v. Waters, 30 Ala. 175. The questions…
1Opinion of the CourtAnderson, J.
This was an action of detinue for a mule, and the plaintiff bad to establish a title to same in order to recover. the plaintiff sold Patterson the mule, but claims to have retained the title to same until the purchase money was paid. Patterson denied a conditional sale, but claims that it. was absolute, and that be paid the purchase money. the trial .court» saw and beard all the witnesses, who were examined ore tenas, and the finding upon the- facts was like unto the verdict of a jury, and will not be disturbed, unless it is plainly erroneous. — Woodrow v. Howving, 105 Ala. 240, 16 South.…
2Cases cited1 opinion
- Woodrow v. HawvingSupreme Court of Alabama · 1894
3Cited by1 opinion
- Hampton v. StewartSupreme Court of Alabama · 1940