Bickley v. Keenan & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. Wm. S. Mudd. This action was brought by the appellees, suing as partners, against Thomas B. Bickley, to recover two mules, together with damages for their detention; and was commenced on the 18th November, 1874. The record does not show what pleas were filed; but the bill of exceptions states that the plaintiffs “waived all right to recover one of said mules, and the parties went to trial on issues joined as to…
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Appeal from the Circuit Court of Colbert. Tried before the Hon. Wm. S. Mudd. This action was brought by the appellees, suing as partners, against Thomas B. Bickley, to recover two mules, together with damages for their detention; and was commenced on the 18th November, 1874. The record does not show what pleas were filed; but the bill of exceptions states that the plaintiffs “waived all right to recover one of said mules, and the parties went to trial on issues joined as to the title to the other mule alone.” The plaintiffs claimed the mule under a mortgage executed to them by one Frank…
1Opinion of the CourtBrickell, C. J.
The ground of objection, or the reasons influencing the court to the exclusion of the mortgage, accompanied by evidence of its actual execution, are not stated in the bill of exceptions, The sufficiency and fairness *295of its consideration does not appear to have been matter of dispute; and if it had been, it would not have justified its exclusion as evidence, whatever instructions to the jury may have been required in reference to it. Prior in point of time of execution, and of registration, if valid and operative as a conveyance, it passed to the defendant a title superior to that created by…
2Cases cited4 opinions
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Wimberly v. DallasSupreme Court of Alabama · 1875
- Bailey's Heirs v. Bailey'sSupreme Court of Alabama · 1860
3Cited by23 opinions
- Jackson v. TribbleSupreme Court of Alabama · 1908
- Bates v. HarteSupreme Court of Alabama · 1899
- Niehuss v. FordSupreme Court of Alabama · 1949
- Crews v. HarlanTexas Supreme Court · 1905
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1897
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