Fields v. Copeland
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. J. A. Bilbeo. Copeland sued Fields in trover. The plaintiff executed a mortgage on personal property to the defendant. Copeland also executed a mortgage to McEntire & Co. on the same property and of date prior to the mortgage to Fields.
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Appeal from the Circuit Court of Blount. Tried before the Hon. J. A. Bilbeo. Copeland sued Fields in trover. The plaintiff executed a mortgage on personal property to the defendant. Copeland also executed a mortgage to McEntire & Co. on the same property and of date prior to the mortgage to Fields. This mortgage contained a provision that should the mortgagor sell or remove any of said property then the mortgagee should have power to take possession of the property mortgaged. The mortgagor did sell a portion of the said property before the law day of the mortgage, but McEntyre & Co. did not…
1Opinion of the CourtDowdell, J.
— The ruling of the court below was free from error in sustaining plaintiff’s objections to the questions put by the defendant to the witness Bert. Ad-dington, who was sworn and examined on behalf of the defendant, as to whether the plaintiff and defendant “disputed” or “agreed” in the conversation had between them, and which, this witness was called to testify about. The questions called for a conclusion or opinion of the witness. The bill of exceptions states that the court remarked at the time of its ruling on the objections, “that it would be proper for the witness to state all that he…
2Cases cited7 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Frank v. PickensSupreme Court of Alabama · 1881
- Thweat v. StampsSupreme Court of Alabama · 1880
- Norman v. RogersSupreme Court of Arkansas · 1874
- Henderson v. FoySupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Sullivan v. MillerSupreme Court of Alabama · 1932
- Smith v. Davenport & Co.Alabama Court of Appeals · 1915
- Tallassee Falls Mfg. Co. v. First National BankSupreme Court of Alabama · 1909
- Bristol & Sweet Co. v. SkappleNorth Dakota Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.