Legal Opinion

Stearns v. Gafford

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 6 opinions

Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. This action was brought by John D. Stearns, against J. D. Gafford, to recover a bale of cotton, with damages for its detention ; and was commenced on the Mth November, 1870. ¿The defendant pleaded the “general issue, in short by consent, with leave to give in evidence any matter that might be specially pleaded; ” and issue was joined on that plea.

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Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. This action was brought by John D. Stearns, against J. D. Gafford, to recover a bale of cotton, with damages for its detention ; and was commenced on the Mth November, 1870. ¿The defendant pleaded the “general issue, in short by consent, with leave to give in evidence any matter that might be specially pleaded; ” and issue was joined on that plea. “On the trial,” as the bill of exceptions states, “the plaintiff’s evidence showed, that one Turner worked on plaintiff’s farm in the year 1870; plaintiff furnishing the…

1Opinion of the CourtStone', J.

A mortgage may be made of a crop after-wards to be planted; and such mortgage, being of personalty, may be made without writing. — 2 Brick. Dig. 248, §§ 5,9, 11; Booker v. Jones, at present term ; Morrow v. Turney, 35 Ala. 131; Brooks v. Ruff, 37 Ala. 371.

What precise words are required to constitute a mortgage, *546can not be absolutely affirmed. There must be a debt, legal liability, or obligation, actually existing, or, at the time, proposed to be incurred, and afterwards actually incurred, or there can be no valid mortgage. But, when there is such debt, legal liability, or obligation, then…

2Cases cited4 opinions

  1. Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
  2. Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
  3. Robinson & Caldwell v. MauldinSupreme Court of Alabama · 1847
  4. Brooks v. RuffSupreme Court of Alabama · 1861

3Cited by6 opinions

  1. Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
  2. Hurst v. Bell & Co.Supreme Court of Alabama · 1882
  3. Crews v. HarlanTexas Supreme Court · 1905
  4. Ross v. SchultzCourt of Appeals of Texas · 1917
  5. Senter v. MitchellUnited States Circuit Court · 1883

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