Hill v. Nelms
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before tbe Hon. Jesse M. Carmichael. This action was brought by Kennon & Hill, suing as partners, and afterwards prosecuted in the name of S. H. Hill as surviving partner, against C. W. Nelms and E. G. Nelms, to recover three horses, two mules, and a two-horse wagon; and was commenced on the 28th May, 1885. The plaintiffs gave a statutory bond on the commencement of the suit, requiring the sheriff to take possession of the property…
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Appeal from the Circuit Court of Lee. Tried before tbe Hon. Jesse M. Carmichael. This action was brought by Kennon & Hill, suing as partners, and afterwards prosecuted in the name of S. H. Hill as surviving partner, against C. W. Nelms and E. G. Nelms, to recover three horses, two mules, and a two-horse wagon; and was commenced on the 28th May, 1885. The plaintiffs gave a statutory bond on the commencement of the suit, requiring the sheriff to take possession of the property sued for, unless the defendants gave bond for it as authorized by law; and on the 12th June, 1885, they executed a…
1Opinion of the CourtSomerville, J.
The action is one of detinue for certain specific property, the title of the plaintiffs resting on a' mortgage purporting to be executed by the appellees, who *446were defendants in the lower court. There is evidence tending to show that a material alteration was made in the amount of the mortgage debt, by changing it from nine hundred to one thousand dollars, and that the name of E. G. Nelms was added as one of the mortgagors, after the execution of the paper, and without the consent or knowledge of C. W. Nelms, also a mortgagor. The second plea of the defendant E. G. Nelms substantially averred…
2Cases cited6 opinions
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Collier v. FaulkSupreme Court of Alabama · 1881
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
- Voltz v. VoltzSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Crews v. HarlanTexas Supreme Court · 1905
8 more not listed; retrieve them via the Exa API.