Johnson & Co. v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the Hon. Wi. E. Claeke, This action was brought by W. J. Johnson & Co., suing as a partnership, against Bevily Davis, to recover a wagon and two mules ; and was commenced on the 10th October, 1889. The only plea was “the general issue, in short by consent.”
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Appeal from the Circuit Court of Clarke. Tried before the Hon. Wi. E. Claeke, This action was brought by W. J. Johnson & Co., suing as a partnership, against Bevily Davis, to recover a wagon and two mules ; and was commenced on the 10th October, 1889. The only plea was “the general issue, in short by consent.” The plaintiffs claimed the property under a mortgage, or crop-lien for advances, which was dated May 12th, 1888, and to which the defendant’s name was signed by mark, attested by R. W. Davis. W. J. Johnson, one of the plaintiffs, testified in their behalf on the trial, that he wrote the…
1Opinion of the CourtMoCLELLAN, J.
The case of Carlisle et al. v. Campbell, 76 Ala. 247, is relied on to sustain the ruling of the Circuit Court, to the effect that the paper purporting to be a mortgage, which evidenced plaintiff’s title to the property in suit, had not been efficiently executed by the defendant. But, to our minds, there is such a material difference between the facts of that case and this, as that the principle there declared can not be applied here. In both cases, it is true, the alleged maker of the paper was unable to write his name. In that case, however, the payee not only -wrote the promisor’s name…
2Cases cited1 opinion
- Carlisle, Jones & Co. v. CampbellSupreme Court of Alabama · 1884
3Cited by11 opinions
- Dawkins v. PetteysSupreme Court of Arkansas · 1915
- Houston v. StateSupreme Court of Alabama · 1896
- Barksdale v. BullingtonSupreme Court of Alabama · 1915
- McGowan v. CollinsSupreme Court of Alabama · 1908
- Mash v. Daniel & Co.Supreme Court of Alabama · 1894
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