Winter & Loeb v. Judkins
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon, John R. Tyson. • This was a statutory action of detinue, brought by the appellants, Winter & Loeb, against the appellee, Elias Judkins. The facts of the case are sufficiently stated in the opinion. There was judgment for the defendant.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon, John R. Tyson. • This was a statutory action of detinue, brought by the appellants, Winter & Loeb, against the appellee, Elias Judkins. The facts of the case are sufficiently stated in the opinion. There was judgment for the defendant. The plaintiffs appeal, and assign as error the ruling of the court in excluding from the evidence the note and mortgage to Leon Loeb, and the judgment of the court in overruling the motion for a new trial.
1Opinion of the CourtColeman, J.
— The appellants, as mortgagees, sued in detinue to recover two bales of .cotton and a certain number of bushels of corn. The defense relied upon was payment of the mortgage debt. The principal contention arose from the application of a check for one hundred and sixty-two dollars, drawn by plaintiffs' in favor of the defendant. The plaintiffs contended that this check was given as a partial payment upon a mortgage debt alleged to be due to one Leon Loeb from tho defendant. The defendant testified, that it was given in settlement of a balance’due from him to the the plaintiffs for the previous…
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