Shaw & Shaw v. Cleveland
Alabama Court of Appeals
Appeal, from Bibb Circuit Court. Heard before Hon. B. M. Miller. Detinue by Shaw & Shaw against Jackson S. Cleveland. From a judgment for defendant, plaintiff appeals.
Read the full summary
Appeal, from Bibb Circuit Court. Heard before Hon. B. M. Miller. Detinue by Shaw & Shaw against Jackson S. Cleveland. From a judgment for defendant, plaintiff appeals. While the witness R. J. Lawley was testifying, it appearing that he was a son of the Lawley who was alleged to have bought the engine from Thomas, and who was at the time of the testimony dead, the .defendant propounded to him the following questions, to which the plaintiff interposed objections which were overruled; these questions constituting the following assignments of error: (13) “Were you present at the mill, in April,…
1Opinion of the Court
de GEAFFENRIED, J. —
1. One J. H. Thomas, a sawmill man, had a sawmill at Active, in Bibb county, which he operated by means of an engine upon which lie gave, in August, 1909, a mortgage to the Bibb County Banking & Trust Company to secure the payment of a certain note. When the note fell due, it was not paid, and the property described in the mortgage was sold under the power of sale contained in the mortgage, and the appellants purchased the engine at said sale.
Of course, as purchasers at said mortgage sale, the appellants acquired the same title to the engine which belonged to the Bibb…
2Cases cited2 opinions
- Nelson v. IversonSupreme Court of Alabama · 1853
- Millard's Adm'rs v. HallSupreme Court of Alabama · 1854
3Cited by5 opinions
- McCarty v. RobinsonSupreme Court of Alabama · 1930
- Volunteer State Life Ins. Co. v. DanleyAlabama Court of Appeals · 1948
- Dutton v. GibsonSupreme Court of Alabama · 1933
- Farrior v. StateAlabama Court of Appeals · 1915
- Birmingham Electric Co. v. RobinsonAlabama Court of Appeals · 1948