Legal Opinion

Cragin & Knobles v. Dickey

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 5 opinions

Bill in Equity to Foreclose Mortgage. Appeal from the Chancery Court of Mobile. The bill in this case was filed by the appellants, Cragin & Knobles, against the appellees. On May 28, 1892, G. W. Dickey executed a mortgage conveying to Cragin & Knobles “three hundred (300) head of sheep with a swallow fork and over-bit in one ear, and two splits in the other, brand D. Said sheep are in Washington county, said State.

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Bill in Equity to Foreclose Mortgage. Appeal from the Chancery Court of Mobile. The bill in this case was filed by the appellants, Cragin & Knobles, against the appellees. On May 28, 1892, G. W. Dickey executed a mortgage conveying to Cragin & Knobles “three hundred (300) head of sheep with a swallow fork and over-bit in one ear, and two splits in the other, brand D. Said sheep are in Washington county, said State. Also twenty head of cattle marked swallow fork in one ear, and brand D.,” to secure a note for $700. Dickey died on March 22, 1893. Shortly thereafter Mrs. Dickey met Cragin &…

1Opinion of the CourtColeman, J.

The appellants filed this bill to foreclose a mortgage given by George W. Dickey in his lifetime upon' his cattle and sheep. It appears from aver-ments in the bill that complainants instituted detinue proceedings to recover possession of the property. The question of res adjudicata, is not raised by respondents, either by plea or answer, and construing the pleadings most strongly against the pleader, the averments on their face are not sufficient to justify the court ex mero motu to conclude that the detinue suit has been finally concluded, or the rights of complainants adversely adjudicated.…

2Cases cited5 opinions

  1. Chambers v. RingstaffSupreme Court of Alabama · 1881
  2. Ellis v. MartinSupreme Court of Alabama · 1877
  3. Smith v. FieldsSupreme Court of Alabama · 1885
  4. Connally v. SpraginsSupreme Court of Alabama · 1880
  5. Hurt v. Redd & Co.Supreme Court of Alabama · 1879

3Cited by5 opinions

  1. Holman v. ClarkSupreme Court of Alabama · 1906
  2. Wood v. West Pratt Coal Co.Supreme Court of Alabama · 1906
  3. Abernathy v. WorthySupreme Court of Alabama · 1930
  4. Wilder v. TatumAlabama Court of Appeals · 1917
  5. Dutton v. GibsonSupreme Court of Alabama · 1930

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