McCarver v. Griffin
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John J. Disqtje. Detinue by F. E. McCarver and others against T. F. Griffin, for possession of a colt. Judgment for defendant, and plaintiff appeals.
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Appeal from Gadsden City Court. Heard before Hon. John J. Disqtje. Detinue by F. E. McCarver and others against T. F. Griffin, for possession of a colt. Judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals, under Acts 1911, p. 449, § 6. The eighth plea sets up that plaintiffs claim title by virtue of a mortgage executel by W. R. Goss and wife, to plaintiff, which mortgage plaintiffs allege was a lien upon the mother of the colt at the time of the birth of the colt. Defendant avers that he purchased said colt in good faith for value, and without notice of the…
1Opinion of the Court
ANDERSON, C. J. —
(1-3) It is a well-settled rule of law that the offspring or increase of female animals, *636when they come into visible existence and are endowed with independent life, rest under the same title or ownership their dam was subject to, at the time they were brought forth. “Hence it has been often held that, if the dam, at the time of parturition be under mortgage incumbrance, the offspring passes immediately under the same incumbrance.” — Meyer Bros. v. Cook, 85 Ala. 417, 5 South. 147; Gans v. McWilliams, 62 Ala. 41; Dyer v. State, 88 Ala. 225, 7 South. 267. As between mortgagor…
2Cases cited5 opinions
- Meyer Bros. v. CookSupreme Court of Alabama · 1888
- Gans v. WilliamsSupreme Court of Alabama · 1878
- Dyer v. StateSupreme Court of Alabama · 1889
- Packwood v. AtkinsonMississippi Supreme Court · 1901
- Southern Ry. Co. v. PogueSupreme Court of Alabama · 1906
3Cited by1 opinion
- Cousins v. HarrisonAlabama Court of Appeals · 1947