Morgan Plan Co., Inc. v. Beverly

CARR, Judge.

This is a suit in detinue for an automobile.

The plaintiff claims the property by virtue of a mortgage from James H. Morgan, which was duly recorded in Mobile County, Alabama in October 1945. This instrument was never recorded elsewhere.

The defendant claims the automobile under a bill of sale from the said Morgan, dated November 9, 1946. This sale was consummated in Clarke County, Alabama.

There was a judgment below in favor of the defendant.

The only question presented for our review is the action of the trial judge in overruling plaintiff’s motion for a new trial on the stated…