Polytinsky v. Patterson & Son
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Ti-iomas W. Wert. Action by M. F. Patterson & Son against Abrabam Polytinsky for several acts of conversion and for money bad and received to tbe use of tbe plaintiffs. Judgment for plaintiffs, and defendant appeals. It appears that C. H. Morgan was indebted to Patterson & Sbn in tbe sum of $240, wbicb was secured by' mortgage, and this is tbe mortgage, tbe indorsement on which is spoken of in the opinion.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Ti-iomas W. Wert. Action by M. F. Patterson & Son against Abrabam Polytinsky for several acts of conversion and for money bad and received to tbe use of tbe plaintiffs. Judgment for plaintiffs, and defendant appeals. It appears that C. H. Morgan was indebted to Patterson & Sbn in tbe sum of $240, wbicb was secured by' mortgage, and this is tbe mortgage, tbe indorsement on which is spoken of in the opinion. Tbe suit was to recover crops alleged to have been bought by tbe defendant, and certain sums of money paid to tbe defendant…
1Opinion of the CourtWalker, P. J.
It is urged in behalf of the appellant that this court, in reviewing the rulings of the trial *305court, caunot look to or consider as a part of tlie evidence on which the case was tried the certificate of the judge of probate of Cullman county, indorsed on the mortgage of O. H. Morgan to the appellee, which showed the filing and recording of that instrument. This contention is based upon the fact, disclosed by the bill of exceptions, that the appellees in offering that instrument in evidence made no mention of the indorsement upon it, and that that indorsement was not separately and formally…
2Cases cited2 opinions
- Board of Revenue of Jefferson Co. v. State ex rel. City of BirminghamSupreme Court of Alabama · 1910
- Humphries v. StateAlabama Court of Appeals · 1911
3Cited by5 opinions
- City of Bessemer v. ClowdusSupreme Court of Alabama · 1954
- Forbush v. San Diego Fruit & Produce Co.Idaho Supreme Court · 1928
- Key v. Goodall Brown & Co.Alabama Court of Appeals · 1913
- Burton v. MeeksSupreme Court of Alabama · 1931
- Johnson v. DavisAlabama Court of Appeals · 1957