Holland v. Kimbrough
Supreme Court of Alabama
Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. The opinion states the case. The evidence did not contradict or vary the terms of the mortgage. Its effect was substantially to show notice of a prior lien, and also an estoppel on the part of the plaintiffs. The effect of the evidence was to incorporate into the mortgage a new stipulation, appellant, although not a party, being privy to it. 22 Ala. 233; 21 Ala. 797 ; 40 Ala. 599.
1Opinion of the CourtJudge, J.
This was an action of trover by the appellees against appellant, to recover damages for the conversion of two bales of cotton. The foundation of the plaintiffs’ title was a mortgage executed to them by one Harvey Owens on his crop of cotton to be made in the year 1870. The cotton covered by the mortgage was delivered at the defendant’s gin ; the defendant retained the possession of and sold the same, and appropriated the proceeds of the sale to the payment of an alleged balance of account due him by the mortgagor on transactions had between them the year previous. After the plaintiff had…
2Cases cited3 opinions
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Venable v. ThompsonSupreme Court of Alabama · 1847
3Cited by3 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Cahalan v. Monroe, Smaltz & Co.Supreme Court of Alabama · 1880
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