Boyle v. Wallace
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. Statutory action for the recovery of chattels in specie by the appellee, William K. Wallace, against the appellant, James B. Boyle. The defendant pleaded “not guilty,” and also a special plea of “r. s judicata,” the nature of which is stated in the opinion.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. Statutory action for the recovery of chattels in specie by the appellee, William K. Wallace, against the appellant, James B. Boyle. The defendant pleaded “not guilty,” and also a special plea of “r. s judicata,” the nature of which is stated in the opinion. The plaintiff demurred to this plea, on the ground, that the subject matter of the two suits was different, and, also, on the ground set forth in the opinion. The defendant had executed a mortgage to the plaintiff on the property io suit, and also on certain…
1Opinion of the CourtStone, C. J.
— Boyle executed a mortgage to Wallace, conveying real and personal property to him, as security for the payment of certain promissory notes. The notes not being paid, Wallace instituted a statutory real action for the recovery of the lands, to which defendant pleaded that the mortgage had been falsely read to him, and that by that means his signature to it had been fraudulently obtained. In other words, he defended on the ground of fraud in the execution of the mortgage. — 2 Brick. Dig. 14, § 13. There were verdict and judgment for the defendant.
The present suit is founded on the same…
2Cases cited19 opinions
- Smith v. KernochenSupreme Court of the United States · 1849
- Dawley v. . BrownNew York Court of Appeals · 1880
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- Caperton v. SchmidtCalifornia Supreme Court · 1864
- Gilbreath v. JonesSupreme Court of Alabama · 1880
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3Cited by7 opinions
- Winston v. HodgesSupreme Court of Alabama · 1893
- Moore v. McLeanSupreme Court of Alabama · 1946
- Rhodes v. DowningAlabama Court of Appeals · 1915
- Smart v. KennedySupreme Court of Alabama · 1898
- McGrantt v. BaggettSupreme Court of Alabama · 1900
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