Wilkinson v. Ketler
Supreme Court of Alabama
Appeal from Butler Circuit Court. Tried before lion. John P. Hubbard. This was an action of detinue, under the statute, brought by the appellant against the appellee, for the recovery of two bales of cotton, and some corn; was commenced on 2d December, 1875, and was before this court, on appeal, at the December-Term, 1877, when the judgment of the court below was. reversed and the cause remanded.— Wilhinson v. Ketler, 59 Ala. 306. After the cause was remanded another trial…
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Appeal from Butler Circuit Court. Tried before lion. John P. Hubbard. This was an action of detinue, under the statute, brought by the appellant against the appellee, for the recovery of two bales of cotton, and some corn; was commenced on 2d December, 1875, and was before this court, on appeal, at the December-Term, 1877, when the judgment of the court below was. reversed and the cause remanded.— Wilhinson v. Ketler, 59 Ala. 306. After the cause was remanded another trial was had, which resulted.in a verdict and judgment for the defendant. The defendant’s plea is not disclosed by the record…
1Opinion of the CourtStone, J.
We have settled in this State, and have no wish to depart from it, that a mortgage may be made on a growing crop, and that after the crop matures and is gathered, there is a legal title in the mortgagee, which will support an action for the recovery of chattels in specie — our statutory action, of detinue. But .a mortgage on a crop, to be afterwards planted and grown, stands in -a different category. Such conveyance, at most, creates only an equitable lien; and, until the sale is perfected by a delivery of the product, no legal title exists in the mortgagee, and he can maintain no action at…
2Cases cited4 opinions
- Booker v. JonesSupreme Court of Alabama · 1876
- Rees v. CoatsSupreme Court of Alabama · 1880
- Wilkinson v. KetlerSupreme Court of Alabama · 1877
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
3Cited by7 opinions
- Holly Lumber & Supply Co. v. FriedelMichigan Supreme Court · 1935
- Horton v. Miller & Bro.Supreme Court of Alabama · 1887
- Atkinson v. JamesSupreme Court of Alabama · 1892
- City Nat. Bank v. NelsonSupreme Court of Alabama · 1926
- Bell v. TysonSupreme Court of Alabama · 1883
2 more not listed; retrieve them via the Exa API.