Shotts v. Cooper
Supreme Court of Alabama
Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Action between W. M. Shotts and J. W. Cooper and others. From a judgment for the latter, the former appeals. The cause was tried on the second count of the complaint, which was in trover for the conversion by defendant (appellant here) of four bales of lint cotton, and on the plea of the general issue thereon. No question was raised as to the charge of conversion by defendant.
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Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Action between W. M. Shotts and J. W. Cooper and others. From a judgment for the latter, the former appeals. The cause was tried on the second count of the complaint, which was in trover for the conversion by defendant (appellant here) of four bales of lint cotton, and on the plea of the general issue thereon. No question was raised as to the charge of conversion by defendant. The cotton was raised by one J. G. Gann, in Marion county on land known as the “John Mitchell place,” Gann having been for several years a tenant of…
1Opinion of the CourtGardner, J.
— The evidence is without dispute that the mortgagor, Gann, purchased the land on which the cotton in controversy was grown from the estate of his former landlord, John Mitchell, in March, 1914, and to secure the purchase price he executed a mortgage on the land and on the crops to be grown thereon during 1914; that Mitchell died in August, 1913, and Gann continued on the land up to the time of his purchase thereof.
(1-3) Appellants rested for defense upon the mortgage executed on February 16, 1914, on the crop for that year. Plaintiff’s insistence seems to be that at the time of the execution…
2Cases cited11 opinions
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Windham & Co. v. Stephenson & AlexanderSupreme Court of Alabama · 1908
- Rainey v. CappsSupreme Court of Alabama · 1853
- Wolffe v. WolffSupreme Court of Alabama · 1881
- Holman v. ClarkSupreme Court of Alabama · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Browder v. GunterSupreme Court of Alabama · 1930
- Victor v. AdamsMississippi Supreme Court · 1925
- Windham v. WilsonSupreme Court of Alabama · 1923