Mitcham v. Schuessler Bros.
Supreme Court of Alabama
Appeal from Cbambers Circuit Court. Tried before tbe Hon. J. B. Dowdell. On. tbe trial of tbis cause, G. T. Mitcham, the husband of the claimant, testified that he went to the house of the defendant, C. P. Baird, on the 4th of October, 1891, and, as the agent of claimant, demanded payment of the balance due' from Baird on her mortgage; that in that interview said Baird told witness that if he, Baird, did not pay the amount on the 6th of that month he would surrender the…
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Appeal from Cbambers Circuit Court. Tried before tbe Hon. J. B. Dowdell. On. tbe trial of tbis cause, G. T. Mitcham, the husband of the claimant, testified that he went to the house of the defendant, C. P. Baird, on the 4th of October, 1891, and, as the agent of claimant, demanded payment of the balance due' from Baird on her mortgage; that in that interview said Baird told witness that if he, Baird, did not pay the amount on the 6th of that month he would surrender the mortgaged property to witness. The witness, W. L. Baird, was offered by the claimant, who was asked if he was present and…
1Opinion of the CourtColeman, J.
Schuessler Bros, sued out an attachment against one 0. P. Baird, which was levied on the 17th of October, 1891 upon certain personal property. A. "W. Mitcham claimed the property and executed a replevy bond, and an issue was made up to try . the right of property. Evidence was introduced by the plaintiff tending to show the indebtedness of the defendant in attachment, the levy of the attachment and that up to within ten days prior to its levy the' property was in the possession of the defendant in attachment, who claimed the same as his own. The claimant’s title is derived through a mortgage,…
2Cases cited11 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
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3Cited by4 opinions
- Merrill v. Sheffield Co.Supreme Court of Alabama · 1910
- First National Bank v. LelandSupreme Court of Alabama · 1898
- Streeter v. JohnsonNevada Supreme Court · 1896
- Smith v. MixonAlabama Court of Appeals · 1933