Donahoo Horse & Mule Co. v. Durick
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before J. C. B. Gwin. Detinue by the Donaboo Horse & Mule Company against Steve Durick. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The facts sufficiently appear.
Read the full summary
Appeal from Bessemer City Court. Heard before J. C. B. Gwin. Detinue by the Donaboo Horse & Mule Company against Steve Durick. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The facts sufficiently appear. Plea 6 is as follows: Defendant says that he bought or traded for the horse, the subject-matter of the suit, on the 2nd day of July, 1913, from J. L. Gray, who was then in the city of Bessemer, and gave said Gray, in exchange for said horse, a horse then belonging to defendant, and reasonably worth the sum of, to wit $65,…
1Opinion of the Court
McCLELLAN, j.—
(1-2) The action is detinue to recover a horse. The plaintiff (appellant) is the mortgagee; and the defendant (appellee) is the purchaser of the animal from the mortgagor. The defense successfully asserted below was that the. defendant was a bona- fide purchaser for value and without notice *459of the plaintiffs existing mortgage on the animal. The mortgage was executed June 10, 1913. On July 3, 1913, the mortgage was filed for record. On July 2, 1913, defendant and the mortgagor made this trade: Defendant agreed to give the mortgagor, for the horse in suit, $10 in value in…
2Cases cited12 opinions
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Scaife & Co. v. StovallSupreme Court of Alabama · 1880
- Hodges v. WinstonSupreme Court of Alabama · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Spooney v. StateSupreme Court of Alabama · 1928
- Bruner v. Geneva County Forestry Dept.Supreme Court of Alabama · 2003
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- Warrant Warehouse Co. v. CookSupreme Court of Alabama · 1922
- First Nat. Bank of Birmingham v. HendrixSupreme Court of Alabama · 1941
10 more not listed; retrieve them via the Exa API.