Dearing v. Watkins
Supreme Court of Alabama
Error to the Circuit Court of Lawrence. Tried before the Hon. Thomas A. Walker. This was an action of detinue by the plaintiff in error against the defendant for the recovery of a slave and damages for his detention. The plaintiff claimed title under a mortgage executed to him on the 24th October, 1840, by James Jackson, the consideration and bona fides of which were admitted.
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Error to the Circuit Court of Lawrence. Tried before the Hon. Thomas A. Walker. This was an action of detinue by the plaintiff in error against the defendant for the recovery of a slave and damages for his detention. The plaintiff claimed title under a mortgage executed to him on the 24th October, 1840, by James Jackson, the consideration and bona fides of which were admitted. The mortgage was executed in the State of Georgia on property in this State, and the debt, which it was intended to secure, became due on the 1st January, 1841. The defendant relied for his defence on a bill of sale…
1Opinion of the CourtDargan, J.
Although a mortgage be not recorded, yet if one with actual notice purchase the mortgaged property of the mortgagor, he buys subject to the mortgage, and as against him the mortgage cannot be considered invalid, because it has not been recorded in the manner prescribed by the statutes. This has been so often determined by this court, that it cannot now be considered as a question open to controversy. Smith v. Zurcher, 9, Ala. 208; Bolling v. Carter, et al, 9 Ala. 921, Ohio Life Ins. Co. v. Ledyard, 8 Ala. 866; 4 Ala. 469. These decisions accord with decisions of other States on statutes…
2Cases cited3 opinions
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Magee v. CarpenterSupreme Court of Alabama · 1842
- Bolling v. CarterSupreme Court of Alabama · 1846
3Cited by6 opinions
- Griffin v. StateSupreme Court of Alabama · 1891
- Boyd v. BeckSupreme Court of Alabama · 1857
- Troy Fertilizer Co. v. NormanSupreme Court of Alabama · 1894
- Mitcham v. Schuessler Bros.Supreme Court of Alabama · 1893
- Davis v. Elba Bank & Trust Co.Supreme Court of Alabama · 1925
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