Snellgrove v. Evans
Supreme Court of Alabama
Detinue. Appeal from Marshall Circuit Court. Heard before 1-Ton. W. W. Haralson. Detinue by John Evans against J. E. Snellgrove. Judgment for plaintiff and defendant appeals.
Read the full summary
Detinue. Appeal from Marshall Circuit Court. Heard before 1-Ton. W. W. Haralson. Detinue by John Evans against J. E. Snellgrove. Judgment for plaintiff and defendant appeals. For former report of this case see Snellgrove v. Evans, 145 Ala. 603; 40 South. 567. It was encumbent upon the plaintiff to prove the bona fieles of Snow’s indebtedness to him independently of the recitals of file mortgage. — Snell grove v. Evans, 145 Ala. 603. He attempted to do this by heirs or distributees of the estate of the deceased mortgagor. They were incompetent. — - Sec. 1794, Code 896; McDonald v. Jacobs, 77…
1Opinion of the CourtMayfield, J.
— The defendant, Snellgrove, who is the appellant, was sued by the plaintiff, John Evans, in an action of detinue for two horses. The defendant claimed title by virtue of a livery stable keeper’s lieu for the feed and keep of the horses, under section 2774 of the Code of 1896. The plaintiff, Evans, claimed under a subsequent mortgage alleged to have been execute*! to him by the owner of the horses, one P. H. Snow, dated September 19, 1903, due November 1, 1903, for the sum of |135, payable to the plaintiff, Evans, embracing the two horses sued for, and he insists that under the circumstances…
2Cases cited5 opinions
- Barton v. BartonSupreme Court of Alabama · 1883
- Snellgrove v. EvansSupreme Court of Alabama · 1906
- Dolan v. DolanSupreme Court of Alabama · 1889
- Sublett v. HodgesSupreme Court of Alabama · 1889
- Skinner v. ChapmanSupreme Court of Alabama · 1884
3Cited by4 opinions
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1922
- Johnston v. HarshSupreme Court of Alabama · 1922
- Orr v. StewartAlabama Court of Appeals · 1915
- Phillips v. MorrisSupreme Court of Alabama · 1910