Kilgore v. Jones
Alabama Court of Appeals
Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Action by S. D. Kilgore against H. Jones, for destroying a lien upon two bales of cotton. Judgment for defendant, and plaintiff appeals.
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Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Action by S. D. Kilgore against H. Jones, for destroying a lien upon two bales of cotton. Judgment for defendant, and plaintiff appeals. The evidence shows that in February, 1912, Jim Turner executed a mortgage to plaintiff in the sum of $203.66, covering his entire crops of every description, raised by him during the years 1912, 1913, and 1914; that there was still due on said mortgage $155, that the cotton in controversy was grown in the year 1914; that H. Jones sold Turner 2% tons of fertilizer to make a crop during…
1Opinion of the Court
BROWN, J.(1) The undisputed evidence shows that Turner, who executed the mortgage to the plaintiff, had been in possession of the land upon which the cotton in controversy was. grown for ten years and had cultivated and paid the taxes on the land during that time, and was so in possession when he gave the mortgage to the plaintiff in the year 1912. This evidence shows that he had such interest in these lands when the mortgage was given as would authorize him to mortgage the crops to be grown thereon by him in the future. — Anders Mercantile Co. v. Rice Bros., 187 Ala. 468, 65 South. 388;…
2Cases cited7 opinions
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Stuart v. HoltSupreme Court of Alabama · 1916
- Hendricks v. ClemmonsSupreme Court of Alabama · 1906
- Argo v. Sylacauga Mercantile Co.Alabama Court of Appeals · 1915
- Haynes Mercantile Co. v. BellSupreme Court of Alabama · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Consolidated Mercantile Co. v. WarrenAlabama Court of Appeals · 1917