Porter & Co. v. Miles
Supreme Court of Alabama
Detinue to recover Steam Mill and Machinery by Material-man Appeal from the Circuit Court of Mobile. Tried before Hon. H. T. Toulmin. This was an action of detinue brought by Porter & Co. against Miles, to recover a steam saw mill and machinery. The defendant pleaded “ non detinet.” On the trial, it appeared that Bickford erected a steam saw mill at the mouth of “ Dog river,”' near Mobile, and bought various articles of Porter & Co. to be used about the mill.
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Detinue to recover Steam Mill and Machinery by Material-man Appeal from the Circuit Court of Mobile. Tried before Hon. H. T. Toulmin. This was an action of detinue brought by Porter & Co. against Miles, to recover a steam saw mill and machinery. The defendant pleaded “ non detinet.” On the trial, it appeared that Bickford erected a steam saw mill at the mouth of “ Dog river,”' near Mobile, and bought various articles of Porter & Co. to be used about the mill. On December 20th, 1877, Porter & Co. filed their claim for the purpose of asserting their lien thereon, and suit having been brought,…
1Opinion of the CourtBrickell, C. J.
— The only instructions of the Circuit Court to the jury, to which exceptions were reserved, refer to the operation and effect of the judgment in favor of appellants against Bickford, as declaring and establishing a statutory lien because of materials furnished by appellants for the erection of the steam-mill, which would be prior in point of time, and, of consequence, superior in right, to the lien of the execution in favor of the Gulf City Foundry Company, at a sale under which the appellee became the purchaser of the chattels. We shall not enter on the inquiry, whether a statutory lien can…
2Cases cited1 opinion
- Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
3Cited by4 opinions
- Alberti v. MooreSupreme Court of Oklahoma · 1908
- Sorsby v. Woodlawn Lumber Co.Supreme Court of Alabama · 1919
- Sturdavant v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1929
- Nelson Weaver Mortgage Co. v. Dover Elevator Co.Supreme Court of Alabama · 1968