Maxwell v. Moore
Supreme Court of Alabama
Appeal from tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. S. H. Speott. This action was brought by B. S. P. Moore against John Maxwell and Bichard Maxwell, to recover a mule, with damages for its detention; and was commenced on tbe 27th April, 1889. Tbe defendants filed several pleas, and among them tbe following: “(B.) Defendants say tbat they purchased said mule at a sale under a certain mortgage made by plaintiff to B. Maxwell, Sons & Company; tbat they were bona…
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Appeal from tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. S. H. Speott. This action was brought by B. S. P. Moore against John Maxwell and Bichard Maxwell, to recover a mule, with damages for its detention; and was commenced on tbe 27th April, 1889. Tbe defendants filed several pleas, and among them tbe following: “(B.) Defendants say tbat they purchased said mule at a sale under a certain mortgage made by plaintiff to B. Maxwell, Sons & Company; tbat they were bona fide purchasers at said sale, and were tbe legal owners of said mule at tbe commencement-of this suit.” “(5.) Tbat tbe…
1Opinion of the Court
CLOPTON, J.-
The principal question involved in the special pleas, replications, and demurrers to the replications, is, whether a tender of the amount due on a mortgage of personal property, after condition broken, operates, when kept good, to discharge the lien of the mortgage, and re-vest the title in the mortgagor, so that he may maintain an action of detinue against the mortgagee, who has taken possession after tender made, sold the property under the mortgage, and purchased at the sale. The contention of appellants is, that, as mortgages are governed in this State by the principles of the…
2Cases cited4 opinions
- Frank v. PickensSupreme Court of Alabama · 1881
- Foster v. NapierSupreme Court of Alabama · 1883
- Matthews v. LindsaySupreme Court of Florida · 1884
- Musgat v. PumpellyWisconsin Supreme Court · 1879
3Cited by11 opinions
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Lloyd's of London v. Fidelity Securities Corp.Alabama Court of Appeals · 1958
- Wilson v. KirklandSupreme Court of Alabama · 1911
- Decker v. State Nat. BankSupreme Court of Alabama · 1951
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