Steiner & Bro. v. McCall
Supreme Court of Alabama
Appel from Circuit Court of Montgomery. Tried before Hon. J. Q,. Smith. Appellee McCall brought trover against the appellants, Steiner & Bro., for the conversion of two bales of cotton. The cotton in question was raised in the year 1877 by Albert Jefferson and Armistead Reid, upon the premises of one Green Cook, their landlord.
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Appel from Circuit Court of Montgomery. Tried before Hon. J. Q,. Smith. Appellee McCall brought trover against the appellants, Steiner & Bro., for the conversion of two bales of cotton. The cotton in question was raised in the year 1877 by Albert Jefferson and Armistead Reid, upon the premises of one Green Cook, their landlord. Cook by written instrument dated January 10th, 1877, waived his lien in favor of McCall to the extent of advances made by the latter to said Jefferson and Reid. On the same day, McCall made advances to Jefferson to the extent of $135, taking his note therefor, which…
1Opinion of the CourtBrickell, C. J.
The instruments under which the appellee deduced title to the cotton in controversy, were of that kind of which registration is authorized, and essential to preserve their validity against bona fide creditors, or subsequent purchasers for value, without notice. They embrace not only operative words of conveyance, but the promissory notes, payment of which they are intended to secure. Proof of their execution, therefore necessarily comprehended proof of the execution of the notes. The notes were not more separable from the instruments, than any other of their parts and clauses. The…
2Cases cited2 opinions
- Grant v. Cole & Co.Supreme Court of Alabama · 1845
- Scott v. Coxe's Adm'rsSupreme Court of Alabama · 1852