Phillips v. Pippin
Alabama Court of Appeals
Appeal from Dale Circuit Court. Heard before Hon. Mike Sollie. ■ Action by J. W. Pippin against the Farmers’ Warehouse and E. R. Phillips for the conversion of a bale of cotton. Judgment for plaintiff and defendant appeals. Counsel insist that because the mortgage was recorded in the deed record instead of the mortgage record, that it was not notice to the defendant of its existence.
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Appeal from Dale Circuit Court. Heard before Hon. Mike Sollie. ■ Action by J. W. Pippin against the Farmers’ Warehouse and E. R. Phillips for the conversion of a bale of cotton. Judgment for plaintiff and defendant appeals. Counsel insist that because the mortgage was recorded in the deed record instead of the mortgage record, that it was not notice to the defendant of its existence. Counsel discusses the evidence objected to, and in support of his contention that the court erred in admitting it, cites 67 Ala. 507; 5 Mayf. section 192; 169 Ala. 229. The recital of the mortgage was not binding…
1Opinion of the Court
de GRAFFENRIED, J.
It appears that B. F. Black-man, on the 6th day of March, 1905, made a mortgage on the cotton crop to be grown by him during that year in Dale County, Ala., to appellee to secure advances for that year and certain other indebtedness. The mortgage was filed for record in the probate office of said county on the day it was made.
*428The delivery of the mortgage to the probate judge for record rendered it operative as a record from the day of its delivery to the judge for record. — Code, § 3369. ‘ The mortgage appears to have been recorded in a deed record, instead of a book kept…
2Cases cited11 opinions
- East v. PaceSupreme Court of Alabama · 1877
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1897
- Seibold v. RogersSupreme Court of Alabama · 1895
- Mims v. MimsSupreme Court of Alabama · 1859
- Chapman & Co. v. JohnsonSupreme Court of Alabama · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- J. H. Arnold & Co. v. Pinckard & LayAlabama Court of Appeals · 1918
- Johns-Manville Sales Corporation v. WilliamsSupreme Court of Alabama · 1934