Hooper v. Birchfield
Supreme Court of Alabama
Appeal from the Circuit Court of Clay. Tried before the Lion. George E. Brewer. This was a statutory action of detinue, commenced by appellants in a justice of the peace court, against the appellees to recover three cows and their increase ; and judgment was rendered for plaintiffs, from which an appeal was taken to the circuit court by defendants, where the case was tried anew, and judgment was rendered in favor of the defendants, from which judgment this appeal is taken.
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Appeal from the Circuit Court of Clay. Tried before the Lion. George E. Brewer. This was a statutory action of detinue, commenced by appellants in a justice of the peace court, against the appellees to recover three cows and their increase ; and judgment was rendered for plaintiffs, from which an appeal was taken to the circuit court by defendants, where the case was tried anew, and judgment was rendered in favor of the defendants, from which judgment this appeal is taken. The suggestion was made by defendants upon the record that the suit was founded upon a mortgage, in which they asked for…
1Opinion of the CourtMcCLELLAN, J.
Under section 2720 of the Code as amended by the act of 1893 — Acts, 1892-93, p. 1127— any matter of defense which would be available against *231an action on the mortgage debt maybe availed of against an action by the mortgagee or his assignee for the recovery of the property covered by the mortgage, either to show payment or other satisfaction of the mortgage debt, whereby the suit would be defeated, or to reduce the amount of such debt as claimed, or expressed in the mortgage, with a view to the ascertainment by the jury of the balance really due. If the purpose is to show that there is no…
2Cases cited1 opinion
- Powell v. CrawfordSupreme Court of Alabama · 1895
3Cited by17 opinions
- State Farm Automobile Insurance Co. v. ReavesSupreme Court of Alabama · 1974
- Ex Parte RiceSupreme Court of Alabama · 1957
- State Ex Rel. v. Hooker, County JudgeSupreme Court of Oklahoma · 1910
- State ex rel. Leslie v. BrackenSupreme Court of Alabama · 1908
- Torbert v. McFarlandSupreme Court of Alabama · 1911
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