Legal Opinion

Mayfield v. Spiva

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 3 opinions

Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speaks. Action in attachment by J. W. Mayfield against one Lansdale to enforce a statutory lien on a mare, in which H. Spiva interposed a claim to the mare as mortgagee.

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Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speaks. Action in attachment by J. W. Mayfield against one Lansdale to enforce a statutory lien on a mare, in which H. Spiva interposed a claim to the mare as mortgagee. On the trial it was shown that Lansdale was indebted to the plaintiff in the sum of $10 for the service of plaintiff’s stallion to the mare of Lansdale, some time after March 8, 1891, under a contract with Lansdale for the payment of $10 for the season, and that he never paid such sum. It was shown in behalf of claimant that Lansdale bought the mare in…

1Opinion of the CourtStone, C. J.

This case must be dealt with as if May-field had personal knowledge of Spiva’s mortgage on the animal in controversy. Such is the effect of our statutes of registration. This being so, the latter, (Spiva) did nothing and said nothing to authorize Mayfield to place the animal under a lien which can override the prior mortgage lien. Jones, Chat. Mortg., § 472.

Affirmed.

2Cited by3 opinions

  1. J. C. Walden Auto Co. v. MixonSupreme Court of Alabama · 1916
  2. Matheson v. Farmers' Bank & Trust Co.Alabama Court of Appeals · 1928
  3. Billingsley v. McRaeSupreme Court of Alabama · 1944

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