Green v. Sneed
Supreme Court of Alabama
Appeal from Circuit Court of Marshall. Tried before the Hon. John B. Tally. John H. Sneed sued Andrew H. Green in detinue for the possession of certain personal property, to which he claimed title under and by virtue of a mortgage executed by the defendant, the law day of which had passed.
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Appeal from Circuit Court of Marshall. Tried before the Hon. John B. Tally. John H. Sneed sued Andrew H. Green in detinue for the possession of certain personal property, to which he claimed title under and by virtue of a mortgage executed by the defendant, the law day of which had passed. The defendant’s testimony showed that the plaintiff had filled a blank in the mortgage by inserting a larger amount than that agreed on by the parties and contemplated by the defendant, when he authorized the plaintiff to fill in the blank. On the trial of the cause there was a verdict for the defendant;…
1Opinion of the CourtMcCLELLAN, J.
The evidence is free from conflict that Sneed was authorized to fill the blank left in the mortgage executed by Green to him, by inserting therein the amount of the former’s debt against the latter, after deducting therefrom the proceeds of certain two bales of cotton, and adding thereto the costs of a former suit between the parties. There is conflict in the testimony as to whether the mortgagee also had authority to add *207to the debt and costs attorney’s fees incurred by him in the former suit, and insert the aggregate of all these items in the blank space left in the instrument. For the…
2Cases cited5 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
- White v. HassSupreme Court of Alabama · 1858
- Toomer, Sykes & Billups v. RutlandSupreme Court of Alabama · 1876
- Glover v. RobbinsSupreme Court of Alabama · 1873
3Cited by15 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Markoff v. KreinerCourt of Appeals of Maryland · 1941
- Barnett v. BoydSupreme Court of Alabama · 1932
- Columbia Grocery Co. v. MarshallTennessee Supreme Court · 1914
- La Marche v. New York Life Ins. Co.California Supreme Court · 1899
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