Morris v. Bank of Attalla
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. J. A. Bilbro. This was an action of trover brought by the appellee, the Bank of Attalla, against the appellant, E. A. Morris, to recover damages for the alleged conversion of certain cotton, a part of the crop on which the plaintiff held a mortgage executed to it by one S. T. Massey.
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Appeal from the Circuit Court of Blount. Tried before the Hon. J. A. Bilbro. This was an action of trover brought by the appellee, the Bank of Attalla, against the appellant, E. A. Morris, to recover damages for the alleged conversion of certain cotton, a part of the crop on which the plaintiff held a mortgage executed to it by one S. T. Massey. Upon the plaintiff offering to introduce in evidence the note and mortgage which was the foundation of its claim, the defendant objected upon the ground that said note and mortgage were not properly attested. It appeared that the note and mortgage…
1Opinion of the Court
McCLELLAN, C. J.-
To a recovery in this case it was necessary for plaintiff to prove that it had, as against the. defendant, title to the cotton in question under its mortgage of January 9fch, 1902. If, as the evidence defendant offered would have shown, Massey, plaintiff’s mortgagor, had executed mortgages on this cotton prior to January 9th, 1902, which were unsatisfied at the time of the conversion and which as between Massey and defendant vested the title, legal or equitable, in the latter, their title was superior to that of plaintiff under its subsequent mortgage unless the plaintiff…
2Cases cited1 opinion
- Southern Home Building & Loan Ass'n v. RiddleSupreme Court of Alabama · 1900
3Cited by4 opinions
- Bern v. RosenAlabama Court of Appeals · 1951
- Maddox v. WoodSupreme Court of Alabama · 1907
- Hickey v. McDonald Bros.Supreme Court of Alabama · 1909
- Mayhall v. HydeAlabama Court of Appeals · 1927