Marcus v. Robinson
Supreme Court of Alabama
A['peal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Ii. Marcus, against F. Robinson, to recover a mule, and a “one-horse wagon with patent wheels and spring seat,” together with damages for their detention.
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A['peal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Ii. Marcus, against F. Robinson, to recover a mule, and a “one-horse wagon with patent wheels and spring seat,” together with damages for their detention. Under the ruling of the court, striking out of the plaintiff’s account certain items for whiskey, tobacco, &c., on the ground that they were not included in the consideration of the note secured by the mortgage under which plaintiff claimed the property, he was compelled to take a non-suit; and this ruling, to which plaintiff duly…
1Opinion of the CourtSomeryille, J.
— The action is brought by the plaintiff as mortgagee, for the recovery of certain personal property conveyed to him in the mortgage. It is not denied that the suit must fail, if the mortgage debt is shown to have been paid (Burns v. Campbell, 71 Ala. 271); and the question of payment vel non, is the only one presented for our consideration.
The mortgage is given to secure a certain promissory note, dated in January, 1881, payable to the plaintiff, in the sum of three hundred dollars. The consideration of this note is described in the instrument itself, as “ an advance for the purpose of…
2Cases cited2 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Comer v. DanielSupreme Court of Alabama · 1881
3Cited by6 opinions
- Mooney v. HoughSupreme Court of Alabama · 1887
- Decker v. State Nat. BankSupreme Court of Alabama · 1951
- O'Connor v. Van HoyOregon Supreme Court · 1896
- Bray v. ComerSupreme Court of Alabama · 1886
- Wright v. VoorheesSupreme Court of Iowa · 1906
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