Smith v. Fields
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought byAbijahE. Fields, against Thomas Smith, to recover damages for the conversion of nine bales of cotton; and was commenced on the 16th April, 1885. The complaint contained two counts in trover, and a special count in case; and the only plea was “ the general issue, in short by consent, with leave to give in evidence any special matter which would be good if specially pleaded.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought byAbijahE. Fields, against Thomas Smith, to recover damages for the conversion of nine bales of cotton; and was commenced on the 16th April, 1885. The complaint contained two counts in trover, and a special count in case; and the only plea was “ the general issue, in short by consent, with leave to give in evidence any special matter which would be good if specially pleaded. The cotton was raised by one Isham Bentley, during the year 1884, on a plantation which he was cultivating in Blount…
1Opinion of the Court
CLOPTON. J,
Generality and indefiniteness in the description of the property are not sufficient to avoid a mortgage. There must be uncertainty, which remains after the mortgage has been interpreted in the light of the attendant circumstances, the clear intent of the parties being regarded. It must be conceded that the description — “my entire crop of cotton and corn” — is very general and indefinite; but it is capable of being made reasonably certain, without violating any rule of evidence. The mortgage was executed, March 8th, 1884, to secure an obligation of the same date, which was given in…
2Cases cited4 opinions
- Ellis v. MartinSupreme Court of Alabama · 1877
- Rees v. CoatsSupreme Court of Alabama · 1880
- Varnum v. StateSupreme Court of Alabama · 1884
- Connally v. SpraginsSupreme Court of Alabama · 1880
3Cited by19 opinions
- First Nat. Bank of Bristow v. RogersSupreme Court of Oklahoma · 1909
- Johnson v. GrissardSupreme Court of Arkansas · 1888
- Woods v. RoseSupreme Court of Alabama · 1902
- Stewart v. ClemensSupreme Court of Alabama · 1929
- Smith v. Davenport & Co.Alabama Court of Appeals · 1915
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