Hardison v. Plummer
Supreme Court of Alabama
Detinue. Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Detinue by Theodore Plummer against L. B. Hardi-son and others for the recovery of a saw mill edger. There was judgment for plaintiff and defendants appeal, and separately assign error.
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Detinue. Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Detinue by Theodore Plummer against L. B. Hardi-son and others for the recovery of a saw mill edger. There was judgment for plaintiff and defendants appeal, and separately assign error. Upon the foreclosure of the mortgage it became an executed contract. — ■Diefmbaclc v. Vaughan, 116 Ala. 154. One who has sold and delivered personal property to a foreign corporation not authorized to do business in this state will not be permitted to avoid the sale. — A. J. Gra-nor Go. LUI. v. Miller, et ad., 41 Sonth. 679.
1Opinion of the CourtAnderson, J.
-The Plummer Lumber Company bought the property involved in this suit from the defendants, Forbes & Carlos, sold it to one Fordyce, who executed a mortgage to said Plummer Company. For-dyce made default, and the Plummer Company, after first getting possession, sold the property under the power of sale given by the mortgage. The plaintiff, Theodore Plummer, purchased the property at said sale, went into possession and then put it in charge of Hardison, as his agent, and who subsequently turned it over to the other defendants, Forbes & Carlos. It was proven, that at the time the Plummer Company…
2Cases cited6 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Ellington v. CharlestonSupreme Court of Alabama · 1874
- Boswell & Woolley v. Carlisle, Jones & Co.Supreme Court of Alabama · 1881
- Gamble v. CaldwellSupreme Court of Alabama · 1893
- Kindred v. New England Mortgage Security Co.Supreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Forbes v. PlummerSupreme Court of Alabama · 1916
- Franklin Life Ins. Co. v. WardSupreme Court of Alabama · 1939
- Lowery v. Louisville N. R. Co.Supreme Court of Alabama · 1934
- Manufacturers' Finance Acceptance Corp. v. WoodsSupreme Court of Alabama · 1930
- Bank of Andalusia v. FreemanSupreme Court of Alabama · 1917
10 more not listed; retrieve them via the Exa API.