J. A. Lindsey & Co. v. Steenson
Supreme Court of Alabama
Appeal from Circuit Courty Lawrence County; K. C. Brickell, Judge. Action of detinue by J. A. Lindsey & Co. against Dee Steenson. Prom judgment for defendant, plaintiff appeals. Transferred from the Court of Appeals under Act April 18, 1911, p. 449, § 6. The .following charges were refused to plaintiff: 3. If you believe the evidence in this case you will find that the balance due upon the mortgage debt is $34.97, with interest since October 1, 1906. AA.
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Appeal from Circuit Courty Lawrence County; K. C. Brickell, Judge. Action of detinue by J. A. Lindsey & Co. against Dee Steenson. Prom judgment for defendant, plaintiff appeals. Transferred from the Court of Appeals under Act April 18, 1911, p. 449, § 6. The .following charges were refused to plaintiff: 3. If you believe the evidence in this case you will find that the balance due upon the mortgage debt is $34.97, with interest since October 1, 1906. AA. If you believe from the evidence that the mule sued for might reasonably and fairly have been described as a dark bay horse mule six years…
1Opinion of the CourtThomas, J.
The suit is in detinue, for the possession of a mule described in. the complaint as “one dark mule known as the John Cooper mule.” This is the second trial; each trial resulting in a verdict for the defendant. On the former appeal it was declared that the identity of the mule in suit with the mule mortgaged by John Cooper to plaintiffs, and actual or constructive notice to defendant of the existence of plaintiffs’ mortgage as a conveyance of the mule, at the time of defendant’s purchase from Cooper, were questions for the jury to determine. Lindsey & Co. v. Steenson, 192 Ala. 169, 68 South.…
2Cases cited20 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Gill v. MoreSupreme Court of Alabama · 1917
- Center v. P. & M. BankSupreme Court of Alabama · 1853
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3Cited by1 opinion
- Allen v. Alger-Sullivan Lumber Co.Supreme Court of Alabama · 1921