Jones v. Hough
Supreme Court of Alabama
Action for Money Had and Received, by Mortgagee of Orojps . against Purchaser. Appeal from the Circuit Court of Bullock. Tried before the Hon. H. D. Clayton. This action' was brought by J. O. Hough' against K. T. Jones, was commenced in a justice’s court, and removed by appeal into the Circuit Court, where the plaintiff had a verdict and judgment. The complaint claimed one hundred dollars, as money had and received by the defendant, to and for the use of the plaintiff.
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Action for Money Had and Received, by Mortgagee of Orojps . against Purchaser. Appeal from the Circuit Court of Bullock. Tried before the Hon. H. D. Clayton. This action' was brought by J. O. Hough' against K. T. Jones, was commenced in a justice’s court, and removed by appeal into the Circuit Court, where the plaintiff had a verdict and judgment. The complaint claimed one hundred dollars, as money had and received by the defendant, to and for the use of the plaintiff. From the evidence adduced on the trial, as stated in the bill of exceptions, it appears that the plaintiff had a mortgage on…
1Opinion of the CourtStone, C. J.
The first assignment of error raises the question of the legality and sufficiency of the proof of the mortgage, under which Hough asserted claim to the money sued for. That instrument purports to be signed with the maker’s mark, and to be witnessed by two witnesses, each of whom signed only with a mark. The plaintiff alone was examined to prove the execution, and he testified that Dave Calhoun, the maker, executed it. On this proof it was allowed to go to the jury, and Jones, the defendant, excepted. Before the testimony in proof of execution was offered, defendant admitted that the…
2Cases cited3 opinions
- Jackson v. Van DusenNew York Supreme Court · 1809
- Watts v. KilburnSupreme Court of Georgia · 1849
- Gilliam's Administrator v. Perkinson's AdministratorCourt of Appeals of Virginia · 1826
3Cited by6 opinions
- In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
- Seibold v. RogersSupreme Court of Alabama · 1895
- Kansas City, Memphis & Birmingham Railroad v. WatsonSupreme Court of Alabama · 1890
- Singer v. National Bond & Investment Co.Supreme Court of Alabama · 1928
- In Re Estate of AstolasMichigan Supreme Court · 1935
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