Hickey v. McDonald Bros.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Detinue by McDonald Bros., against T. J. Hickey, From a judgment for plaintiffs’ defendant appeals. The facts in this case are sufficiently stated in a former report of this case in 151 Ala. 497, 44 South. 201, 13 L. E. A. (N. S.) 413, reference to which is here made. The following- charges were requested by the defendant and refused: (1) The general affirmative charge.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Detinue by McDonald Bros., against T. J. Hickey, From a judgment for plaintiffs’ defendant appeals. The facts in this case are sufficiently stated in a former report of this case in 151 Ala. 497, 44 South. 201, 13 L. E. A. (N. S.) 413, reference to which is here made. The following- charges were requested by the defendant and refused: (1) The general affirmative charge. (3) “The court charges the jury that if they believe from the evidence in this case that Hickey did not have any notice of the mortgage to McDonald Bros.,…
1Opinion of the CourtAnderson, J.
When this case was here before (reported in 151 Ala. 497, 44 South. 201, 13 L. R. A. [N. S.] 413) this court held that the plaintiffs parted with the title to the mule under the sale. Consequently, on the trial from which this appeal is taken, the plaintiffs were put to their title under the mortgage given them by the purchaser at said sale. As the mortgage had not been recorded, the issue was whether or not the defendant was such a purchaser as is protected under the terms of section 3386 of the Code of 1907. “Purchasers without notice,” as mentioned in section 3386 of the Code of 1907, has…
2Cases cited5 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Center v. P. & M. BankSupreme Court of Alabama · 1853
- Jones v. StateSupreme Court of Alabama · 1896
- Hickey v. McDonald Bros.Supreme Court of Alabama · 1907
- Morris v. Bank of AttallaSupreme Court of Alabama · 1904
3Cited by5 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Scott v. ThomasSupreme Court of Alabama · 1924
- Ison v. SandersSupreme Court of Alabama · 1954
- J. A. Lindsey & Co. v. SteensonSupreme Court of Alabama · 1918
- Eppes v. ThompsonSupreme Court of Alabama · 1918