Hampton v. Tant
Alabama Court of Appeals
Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Detinue by A. P. Hampton against W. H. Tant. Judgment for defendant and plaintiff appeals. Affirmed.
1Opinion of the CourtBrown, J.
The plaintiff, appellant here, claimed title to the property sued for through a mortgage, and the defense was that the mortgage debt had been paid. There was also a suggestion under the provisions of section 3789, Code 1907, that the jury be required to ascertain the amount of the mortgage.(1) The plaintiff’s contention was that the note for $280 secured by the mortgage covered the balance due on the mill and an account made in 1911; that when the mill was moved to Carroll’s, the defendant owed him $200 on an unsecured account, and for this the defendant, Pope, and Smalley gave their note;…
2Cases cited1 opinion
- Smith v. StateAlabama Court of Appeals · 1916
3Cited by1 opinion
- Employers Insurance Company of Alabama v. CrossAlabama Court of Appeals · 1968