Heflin v. Slay
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Tried before the Hon. Jas. E. Cobb. This was an action of trover, with case joined, commenced by the appellants, to recover the value cf a mare alleged to have been converted by the defendant. The plaintiffs proved the execution of two mortgages on the mare, by one C. C. Johnson, one bearing date April 24th 1883, in favor of plaintiffs, and due October 1st, 1883; the other bearing date April 7th, 1883, in favor of Ii.
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Appeal from Chambers Circuit Court. Tried before the Hon. Jas. E. Cobb. This was an action of trover, with case joined, commenced by the appellants, to recover the value cf a mare alleged to have been converted by the defendant. The plaintiffs proved the execution of two mortgages on the mare, by one C. C. Johnson, one bearing date April 24th 1883, in favor of plaintiffs, and due October 1st, 1883; the other bearing date April 7th, 1883, in favor of Ii. J. Simpspn, and also due on October 1st, 1883, which last mortgage was duly transferred to plaintiffs, before the law-day thereof. Both of…
1Opinion of the CourtClopton, J.
A mortgage of personal property' vests in the mortgagee a defeasible legal title, and confers, in the absence of contrary provisions, a right to immediate possession. The mortgagor, if possession remains with him, is a bailee, having an interest in the property — a right to pei’form the appointed condition, and defeat the title. An express stipulation, or its equivalent in respect to possession, determines the rights of the parties. If the mortgage contains a restrictive stipulation, or inconsistent reservation, or expresses conditions, from which a reasonable implication arises that the…
2Cases cited15 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Gimon v. DavisSupreme Court of Alabama · 1860
- Boswell & Woolley v. Carlisle, Jones & Co.Supreme Court of Alabama · 1881
- Harbinson v. HarrellSupreme Court of Alabama · 1851
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3Cited by25 opinions
- United States v. BaileyDistrict Court, M.D. Florida · 2003
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Lamar v. Lincoln Reserve Life Ins. Co.Supreme Court of Alabama · 1930
- Bank of Commerce of Ralston v. GaskillSupreme Court of Oklahoma · 1914
- Oliver v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1886
20 more not listed; retrieve them via the Exa API.