Hodges v. Kyle
Alabama Court of Appeals
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Detinue and trover by W. B. Kyle against U. S. Hodges. Judgment for plaintiff, and defendant appeals.
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Detinue and trover by W. B. Kyle against U. S. Hodges. Judgment for plaintiff, and defendant appeals. The following charges were given at the plaintiff’s request: “(1) The court charges the jury that the burden of proof is on the defendant to reasonably satisfy you from the evidence of the correctness of any item charged to the plaintiff by the Iron City Lumber Company, which was not authorized by the mortgage in evidence. (2) The court charges the jury that plaintiff’s failure to object to any charges made against him by…
1Opinion of the Court
WALKER, P. J. —
Under the evidence adduced at the trial, the maintenance of the claim of the plaintiff (the appellee here) to the personal property sued for was dependent upon his sustaining the contention, which there was evidence to support that at the time of the attempted foreclosure of a mortgage of that property which he had given he had paid in full the debt secured by that mortgage, with the result that the foreclosure was unauthorized and ineffectual to bar his title or right to the property.
The court was not in error in admitting the testimony of the plaintiff as to the value of the…
2Cases cited12 opinions
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Hodge v. RamboSupreme Court of Alabama · 1908
- Goldstein v. LeakeSupreme Court of Alabama · 1903
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
- Rice v. Schloss & KahnSupreme Court of Alabama · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chappell v. FalknerAlabama Court of Appeals · 1914
- Bank of Andalusia v. FreemanSupreme Court of Alabama · 1917
- Ford Motor Credit Co. v. Howell Bros. Truck & Auto Repair Inc.Court of Civil Appeals of Alabama · 1975
- Rance Martin and Irene Martin, D/B/A Martin Real Estate and Insurance Company v. Globe Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1965