Gulfport Fert. Co. v. Jones
Alabama Court of Appeals
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Gulfport Fertilizer Company against Burke Jones, Jr. Judgment for defendant, and plaintiff appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Gulfport Fertilizer Company against Burke Jones, Jr. Judgment for defendant, and plaintiff appeals. The suit was upon a promissory note for $159.17, made by defendant and payable to plaintiff, and contained a clause conveying to the Gulfport Fertilizer Company and assigns all live stock and the “entire crop of cotton, corn, and other produce raised by me during the year 1912 on any lands whatever.” Defendant filed the following pleas: (1) Defendant says that at the time said action was commenced plaintiff was…
1Opinion of the Court
BROWN, J.(1) It is made a misdemeanor by our statute for a mortgagor to sell or convey any personal property upon which he has given a written mortgage lien or deed of trust “which is then unsatisfied in whole or in part, without first obtaining the consent of the lawful holder thereof to such sale or conveyance.” — Code 1907, § 7423. And satisfaction of the mortgage subsequent to such illegal sale does not purge the illegal act of criminal consequences. — Steed v. Knowles, 79 Ala. 446. The design of the statute is to protect such securities for the benefit of the holder thereof. — Fort v.…
2Cases cited22 opinions
- Board of Highway Commissioners v. City of BloomingtonIllinois Supreme Court · 1911
- Hertzog v. HertzogSupreme Court of Pennsylvania · 1857
- Woodward Iron Co. v. BrownSupreme Court of Alabama · 1910
- Root v. JohnsonSupreme Court of Alabama · 1891
- Steed v. KnowlesSupreme Court of Alabama · 1885
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3Cited by5 opinions
- Dothan Chero-Cola Bottling Co. v. WeeksAlabama Court of Appeals · 1918
- Southern States Co. v. LongAlabama Court of Appeals · 1916
- Southern States Co. v. LongAlabama Court of Appeals · 1916
- Gulfport Fert. Co. v. JonesAlabama Court of Appeals · 1916
- Gulfport Fertilizer Co. v. ChatmanAlabama Court of Appeals · 1916