Legal Opinion

Ozark City Bank v. Planters & Merchants Bank

Supreme Court of Alabama

Decided November 24, 1916PublishedCited by 5 opinions

Appeal from Dale Circuit Court. Heard before Hon. John R. Tyson, Special Judge. Detinue by the Ozark City Bank against the Planters & Merchants Bank. Judgment for defendant and plaintiff appeals. Transferred from Court of Appeals.

1Opinion of the CourtMcCLELLAN, J.

This is an action of detinue, instituted by the appellant against the appellee, to recover certain chattels described in the complaint. The plaintiff asserted its right to recover under a mortgage executed by J. A. Johnson to it on November 3, 1913, and duly filed for record on the same day. The successful defendant relied upon a mortgage executed to it on January 5, 1914, and duly filed for record on the same day, by “J. F. Johnson.” There were two issues on the trial, both of which were concluded by the court’s giving the general affirmative charge for the delendant, viz.: (a) Whether the…

2Cases cited2 opinions

  1. Garrett v. StateSupreme Court of Alabama · 1884
  2. First National Bank v. Hacoda Mercantile Co.Supreme Court of Alabama · 1910

3Cited by5 opinions

  1. Gill v. MoreSupreme Court of Alabama · 1917
  2. Scott v. ThomasSupreme Court of Alabama · 1924
  3. Ingram v. WatsonSupreme Court of Alabama · 1924
  4. First Nat. Bank of Dozier v. Farmers' Bank of LuverneSupreme Court of Alabama · 1922
  5. Union Bank v. Monroe County BankAlabama Court of Appeals · 1950

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