Wheless v. Rhodes
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. James E. Cobb. This action was brought by Joseph W. Rhodes, against John Wlieless, to recover a set of mechanic’s tools, particularly described in the complaint, with damages for their detention; and was commenced on the 5th June, 1874. The defendant pleaded specially — 1st, that the plaintiff had conveyed the tools to him, with other personal chattels, by mortgage particularly described, and afterwards, the…
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. James E. Cobb. This action was brought by Joseph W. Rhodes, against John Wlieless, to recover a set of mechanic’s tools, particularly described in the complaint, with damages for their detention; and was commenced on the 5th June, 1874. The defendant pleaded specially — 1st, that the plaintiff had conveyed the tools to him, with other personal chattels, by mortgage particularly described, and afterwards, the mortgage debt not being paid at maturity, bad delivered the possession of the chattels to him ; 2d, that the mortgage…
1Opinion of the CourtStone, J.
In this case, certain payments were shown to have been made by Rhodes to Wheless, in February, 1874. Wheless testified, that Rhodes had rented lands from him as the agent of Hollingsworth, and had cultivated them during the year 1873. Pie further testified, that part of the money so paid to him was paid and applied in liquidation of Rhodes’ indebtedness to Hollingsworth for said rent. There had been other indebtedness from Rhodes to Wheless, and the contention was, on which of these claims the payment should be applied. If applied to the claim for rent, the implications are, that this would…
2Cases cited4 opinions
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Mobile Life Ins. v. WalkerSupreme Court of Alabama · 1877
- Morrison v. JudgeSupreme Court of Alabama · 1848
- Geron v. GeronSupreme Court of Alabama · 1849
3Cited by12 opinions
- State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
- Lewis v. StateSupreme Court of Alabama · 1892
- McGuff v. StateSupreme Court of Alabama · 1946
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Walker v. StateSupreme Court of Alabama · 1890
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