Baker v. Patterson
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. H. P. Merritt, Special Judge. Action joining trover, detinue and trespass on the case brought by A. K. Patterson again 5>. W. Baker. Judgment for plaintiff and defendant appeals.
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Appeal from Coosa Circuit Court. Heard before Hon. H. P. Merritt, Special Judge. Action joining trover, detinue and trespass on the case brought by A. K. Patterson again 5>. W. Baker. Judgment for plaintiff and defendant appeals. The court erred in giving the plaintiff the affirmative charge. — Daniel’s case, 122 Ala. 862; L. '<& N. v. Lancaster, 121 Ala. 471; Anderson’s case, 109 Ala. 121. In order to maintain an action on a case for destruction of a lien it is essential to be shown that the defendants had done some act by which the lien was destroyed, or rendered incapable of «enforcement,…
1Opinion of the CourtSayre, J.
Appellee sued appellant, joining counts in trover, detinue, and trespass on the case for a destruction of plaintiff’s alleged lien as a landlord. The purpose of the suit was to recover a bale of cotton, or its value, which had been groivn by one Hancock during the year 1909, and delivered by him to defendant in part payment of a crop mortgage made by Hancock to defendant, and duly recorded March 22, 1909. Plaintiff put forward his claim in two aspects: First, as assignee of a mortgage which Hancock had made to D. H. Riddle on April 3, 1909, transferred by him to plaintiff on April 6th…
2Cases cited28 opinions
- Louisville & Nashville Railroad v. LancasterSupreme Court of Alabama · 1898
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Snider v. BurksSupreme Court of Alabama · 1887
- Jones v. JonesSupreme Court of Alabama · 1891
- Lamar v. KingSupreme Court of Alabama · 1910
23 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Baker v. ChastainSupreme Court of Alabama · 1980
- King Mines Resort, Inc. v. MALACHI M. & MINERALS, INC.Supreme Court of Alabama · 1987
- Kelly v. ShropshireSupreme Court of Alabama · 1917
- O'DONOHUE v. Citizens BankCourt of Civil Appeals of Alabama · 1977
12 more not listed; retrieve them via the Exa API.