Ex parte Logan
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by S. E. Logan for certiorari to the Court of Appeals to review the judgment and decision of that court in the case of Logan, et al. v. Smith Bros. Go., 9 Ala. App. 459, wherein the judgment of the circuit court was affirmed. The pleas were good as pleas of estoppel, and the court erred in sustaining demurrers thereto. — Fuller v. Fames, 108 Ala. 464; Thomason v. Leiois, 103 Ala. 426; Hiójmian v. Richburg, 122 Ala. 638; 62 Am.
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Certiorari to Court of Appeals. Petition by S. E. Logan for certiorari to the Court of Appeals to review the judgment and decision of that court in the case of Logan, et al. v. Smith Bros. Go., 9 Ala. App. 459, wherein the judgment of the circuit court was affirmed. The pleas were good as pleas of estoppel, and the court erred in sustaining demurrers thereto. — Fuller v. Fames, 108 Ala. 464; Thomason v. Leiois, 103 Ala. 426; Hiójmian v. Richburg, 122 Ala. 638; 62 Am. St. Rep. 187; 59 Am. St. Rep. 434; 14 Mass. 175. The pleas as pleas of estoppel were bad. — 27 L. R. A. (N S.) 692. Tbe Code…
1Opinion of the CourtMayfield, J.
The questions presented for decision are as follows:
Does the mortgagee of a chattel estop himself from maintaining an action of detinue to recover the mortgaged property by levying an attachment or execution upon the property as the property of the mortgagor?
If not estopped, does such levy amount to a waiver of the right or title of the mortgagee?
If the mere levy does not work an estoppel or waiver, is a claim suit, instituted after the levy, between the mortgagee and a third party, which results in favor of the third party, res judicata, in a detinue suit by the mortgagee against the…
2Cases cited9 opinions
- Barchard v. KohnIllinois Supreme Court · 1895
- Evans v. WarrenMassachusetts Supreme Judicial Court · 1877
- Cox v. HarrisSupreme Court of Arkansas · 1897
- Tanner & Delaney Engine Co. v. HallSupreme Court of Alabama · 1889
- Byram v. StoutIndiana Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Roseliep v. HerroWisconsin Supreme Court · 1931
- Mobile Towing & Wrecking Co. v. HartwellSupreme Court of Alabama · 1922
- Reeves v. ThompsonSupreme Court of Alabama · 1932
2 more not listed; retrieve them via the Exa API.