McNeill v. Motor Sales Co.
Supreme Court of Alabama
Appeal from Circuit Court, Houston Coun. ty; H. A. Pearce; Judge. Action in detinue by the Motor Sales Company against A. B. McNeill. From a judgment for plaintiff, defendant appeals. Transferred from Court of Apjpeals under section C, Acts 1911, p. 449. If plaintiff did not take possession of the car, and his contract was not recorded within 30 days after removal of the car to Alabama, the contract was void, and plaintiff was not entitled to recover. 3 Ala.
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Appeal from Circuit Court, Houston Coun. ty; H. A. Pearce; Judge. Action in detinue by the Motor Sales Company against A. B. McNeill. From a judgment for plaintiff, defendant appeals. Transferred from Court of Apjpeals under section C, Acts 1911, p. 449. If plaintiff did not take possession of the car, and his contract was not recorded within 30 days after removal of the car to Alabama, the contract was void, and plaintiff was not entitled to recover. 3 Ala. App. 634, 57 South. 122; 187 Ala. 533, 65 South. 783, .Ann. Cas. 1916A, 877; Code 1907, § 3394; 102 Ala. 304, 15-South. 528; 87 South.…
1Opinion of the CourtThomas, J.
In detinue the judgment was for plaintiff. The verdict of the jury was as required in such a case. Gwin v. Emerald Co., 201 Ala. 384, 78 South. 758. The suit was brought on January 22, 1920. Former appeal reported as Motor Sales Co. v. McNeill, 18 Ala. App. 132, 89 South. 89.
The car in question was bought from plaintiff by F. A. McNeill on October 6, 1919, in Columbus, Ga., and brought to this state and the county of Houston, where a mortgage was given thereon to A. B. McNeill on October 6, 1919. The conditional sales agreement was duly recorded in said county on February 6, 1920. The…
2Cases cited5 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Pulaski Mule Co. v. Haley & KoonceSupreme Court of Alabama · 1914
- Gayle Motor Co. v. Gray-Acree Motor Co.Supreme Court of Alabama · 1921
- Motor Sales Co. v. McNeilAlabama Court of Appeals · 1921
3Cited by1 opinion
- In re WaldenDistrict Court, M.D. Alabama · 1929