Chastain v. Porter
Supreme Court of Alabama
Appeal -from the City Court of Talladega. Tried before the Hon. G. K. Miller. Tliis 'was an action of trespass on the case, brought 'by the appellant, G. B. Chastain, against the appellee, Mattie L. Porter, to recover damages for the alleged wrongful taking of certain crops upon which the plaintiff alleged he had a lien. The defendant demurred to the complaint as originally filed and upon the demurrer being sustained, the plaintiff filed an amended complaint.
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Appeal -from the City Court of Talladega. Tried before the Hon. G. K. Miller. Tliis 'was an action of trespass on the case, brought 'by the appellant, G. B. Chastain, against the appellee, Mattie L. Porter, to recover damages for the alleged wrongful taking of certain crops upon which the plaintiff alleged he had a lien. The defendant demurred to the complaint as originally filed and upon the demurrer being sustained, the plaintiff filed an amended complaint. To the amended complaint the defendant filed the plea of the general issue and several special pleas. To tho-'e several pleas the…
1Opinion of the CourtTyson, J.
The case of Sowell v. Bank of Brewton, 119 Ala. 92, is conclusive of the competency of the attesting witness, Ivey. The fact that the mortgage provided for attorney’s fees or that it was given for a balance due upon a prior mortgage which balance was comprised wholly of attorney’s fees, in connection with the fact that Ivey, the attesting witness, was the attorney of the mortgagee for the purpose of collecting the prior mortgage and conducted the negotiations which resulted in the giving of and the preparation by him of the mortgage which he attested, does not differentiate this case from…
2Cases cited3 opinions
- Sowell v. Bank of BrewtonSupreme Court of Alabama · 1898
- Houston v. StateSupreme Court of Alabama · 1896
- Wyatt v. EvinsSupreme Court of Alabama · 1875
3Cited by1 opinion
- Campbell v. StateSupreme Court of Alabama · 1907