Cunningham v. Milner
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. W. H. Crenshaw. This action was brought by James Cunningham, against Elisha 0. Milner, to recover a mule, with damages for its detention ; and was commenced on the 14th duly, 1873. The plaintiff claimed the mule under a mortgage executed by Ira W. Stott to J. B. Stott & Co., which was regularly assigned by said mortgagees to J. J. Melton & Co., and by them to the plaintiff, and which is hereinafter more…
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Appeal from the Circuit Court of Butler. Tried before the Hon. W. H. Crenshaw. This action was brought by James Cunningham, against Elisha 0. Milner, to recover a mule, with damages for its detention ; and was commenced on the 14th duly, 1873. The plaintiff claimed the mule under a mortgage executed by Ira W. Stott to J. B. Stott & Co., which was regularly assigned by said mortgagees to J. J. Melton & Co., and by them to the plaintiff, and which is hereinafter more particularly described. The defendant pleaded — “ 1st, non deünet; 2d, failure of consideration of the mortgage on which…
1Opinion of the Court
BBIOKELL, O. J.
The objection to the evidence offered by the appellee, to show the want of consideration of the mortgage under which the appellant claimed title, or that the real consideration was variant from that expressed, was not well taken. The appellee was not a party to the mortgage, and had no agency in its execution; and he is not blamable if it speaks falsely, or fails to speak tbe whole truth. Tbe rule on wbicb appellee relies, that parol evidence shall not be received to contradict or vary the terms of a written instrument, applies only in controversies between tbe parties to such…
2Cases cited1 opinion
- Venable v. ThompsonSupreme Court of Alabama · 1847
3Cited by11 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Roof v. Chattanooga Wood Split Pulley Co.Supreme Court of Florida · 1895
- Central Coal & Coke Co. v. George S. Good & Co.Court of Appeals for the Eighth Circuit · 1903
- Cowley v. ShelbySupreme Court of Alabama · 1881
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