Foster v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon, John B. Tally. This was a statutory action of detinue, brought by the appellants, Foster & Rudder, against the appellee, E. M. Smith, to recover the possession of some mules, which had been conveyed by a mortgage, executed by the defendant Smith to one Tally, and by said Tally transferred to the plaintiffs.
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Appeal from the Circuit Court of Jackson. Tried before the Hon, John B. Tally. This was a statutory action of detinue, brought by the appellants, Foster & Rudder, against the appellee, E. M. Smith, to recover the possession of some mules, which had been conveyed by a mortgage, executed by the defendant Smith to one Tally, and by said Tally transferred to the plaintiffs. The facts of the case and the contention of the respective parties to the litigation are sufficiently stated in the opinion. Upon the introduction of all the evidence the plaintiff requested the court to give the following…
1Opinion of the CourtHead, J.
Detinue for mules by appellants against appellee. Plaintiffs relied on title by mortgage executed by defendant to one Tally, and by Tally transferred to them. It is not disputed that defendant owed some $170 on the mortgage debt, at the time of transfer. The plea was the general issue, with leave to give in evidence any special matter of defense. It was competent for defendant to prove payment of the mortgage debt to defeat the action. — Code, § 1870. It was also competent for him to put in issue the amount due upon the mortgage debt, to obtain the benefit of the provisions of section 2720 of…
2Cases cited4 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Hirschfelder v. Levy & Co.Supreme Court of Alabama · 1881
- Mooney v. HoughSupreme Court of Alabama · 1887
- Snodgrass v. CoulsonSupreme Court of Alabama · 1890
3Cited by14 opinions
- Pace v. Louisville & Nashville RailroadSupreme Court of Alabama · 1910
- Alabama Great Southern R. R. v. ClarkeSupreme Court of Alabama · 1906
- Central of Georgia Ry. Co. v. WilsonSupreme Court of Alabama · 1927
- K. B. Koosa & Co. v. WartenSupreme Court of Alabama · 1909
- Baird Lumber Co. v. DevlinSupreme Court of Alabama · 1899
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