Harper v. Weeks
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by J. B. Harper against J. A. Weeks, to recover a wagon, yoke of oxen, nine head of cattle, and twenty hogs; and was commenced on the 20th November, 1888. The plaintiff claimed the property under a mortgage for advances executed to him by the defendant, which was offered in evidence on the trial; and he testified that about $100, or more, was still due and unpaid on…
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Appeal from the Circuit Court of Geneva. Tried before the Hon. Jesse M. Carmichael. This action was brought by J. B. Harper against J. A. Weeks, to recover a wagon, yoke of oxen, nine head of cattle, and twenty hogs; and was commenced on the 20th November, 1888. The plaintiff claimed the property under a mortgage for advances executed to him by the defendant, which was offered in evidence on the trial; and he testified that about $100, or more, was still due and unpaid on the mortgage debt. The defendant seems to have relied on a breach of contract by the plaintiff, in failing to furnish him…
1Opinion of the CourtClopton, J.
The action is brought by appellant, as mortgagee, against appellee, as mortgagor, for the recovery of personal property in specie. In such suit, the statute provides, that “the defendant may, upon suggestion, require that the jury ascertain the amount of the mortgage debt, and such ascertainment must be entered on the record of the judgment.” — Code, § 2720. The judgment-entry recites, that “the defendant pleads not guilty, and issue being joined on the plea of general issue;” and the certificate of the clerk shows, that the special pleas, which appear in the record, were filed in his office…
2Cases cited4 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Burton v. HolleySupreme Court of Alabama · 1856
3Cited by3 opinions
- Dawson v. HaygoodSupreme Court of Alabama · 1938
- Pinckard & Lay v. BramlettSupreme Court of Alabama · 1910
- Limbaugh v. BoazAlabama Court of Appeals · 1918