Howell v. Smith
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Detinue by T. L. Smith against S. H. Howell, for the recovery of two mules. Judgment for the plaintiff, and defendant appeals.
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Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Detinue by T. L. Smith against S. H. Howell, for the recovery of two mules. Judgment for the plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The following are the charges’ given for the plaintiff: (1) The court charges the jury that, if there is anything due on the mortgage belonging to the plaintii'f, and the defendant has not a set-off equal to or greater than the, amount due on the mortgage, then your verdict should be for the plaintiff. (2) The court charges the jury that…
1Opinion of the CourtGardner, J.
Suit in detinue on mortgage by appellee against appellant.
A note and mortgage on certain personal property was executed by S. H. Howell to the City Bank & Trust Company, and transferred to J. A. Howell, who, after maturity, transferred the same to T. L. Smith. The latter brought this suit in detinue against S. H. Howell for recovery of the property, and said Howell, in addition to the general issue, pleaded payment to J. A. Howell of the mortgage.indebtedness, and also set-off. Upon these issues disputed questions of fact arose, presented by the evidence of the two brothers, which was in…
2Cited by7 opinions
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- Hubbard v. CornuttSupreme Court of Alabama · 1965
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