Collier v. Faulk
Supreme Court of Alabama
Appeal from- Pike Circuit Court. Tried before Hon. John P. Hubbard. The appellants, on 20th September, 1880, brought this suit against the appellees.
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Appeal from- Pike Circuit Court. Tried before Hon. John P. Hubbard. The appellants, on 20th September, 1880, brought this suit against the appellees. The complaint, as amended, contained two counts, 'one in trover and the other in case, in both of which the appellants sought to recover the value of four bales of cotton, alleged to have been part of a crop grown-, by one Marsh, in the year 1879, on which appellants had a mortgage- and also a crop lien note, both executed by Marsh, which1 cotton the appellees purchased from Marsh, with notice of appellants’ mortgage and note. The defendants…
1Opinion of the CourtSomerville, J.
If the only count in the complaint in this case had been in trover, the charge given by the court, that the jury must find for the defendants if they believe the evidence, would have been correct. It would be supported fully by the cases of Grant v. Steiner, 65 Ala. 499, and Rees v. Coats, Ib. 256, in which it was held, that the mortgagee of an unplanted crop of cotton acquired no such title as would support an action of t>°over, trespass or detinue,, at least before possession taken under the mortgage. — Cook v. Corthell, 23 Amer. Rep. 518.
But such a mortgage confers an equitable lien,…
2Cases cited14 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Michigan Insurance v. BrownMichigan Supreme Court · 1863
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Witczinski v. EvermanMississippi Supreme Court · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Jones v. AndersonSupreme Court of Alabama · 1884
- Batten v. Jurist (Northwestern Nat. Bank, Etc., Co.)Supreme Court of Pennsylvania · 1931
- Hill v. NelmsSupreme Court of Alabama · 1888
23 more not listed; retrieve them via the Exa API.