Seibold v. Rogers
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. JohN B. Tally. This was an action of trover, originally brought by the appellee, Joel E. Rogers, against William McKee, for the alleged wrongful conversion by William McKee of one yoke of oxen. On the death of McKee, the suit was revived in the name of the appellant, as the administrator of the estate of William McKee, deceased. Issue was joined on the plea of the general issue.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. JohN B. Tally. This was an action of trover, originally brought by the appellee, Joel E. Rogers, against William McKee, for the alleged wrongful conversion by William McKee of one yoke of oxen. On the death of McKee, the suit was revived in the name of the appellant, as the administrator of the estate of William McKee, deceased. Issue was joined on the plea of the general issue. The plaintiff based his right and claim to the property alleged to have been converted upon a mortgage, executed to him on December 14, 1889, by one J.…
1Opinion of the CourtHead, J.
If the mortgagor, Davis, resided in Marshall county, and the mortgaged property was in that county, at the time of the conveyance, the delivery of the instrument to the probate judge of that county for record was all that was required of the plaintiff, to give notice of his lien — Code of 1886, §§ 1793, 1806. He was not required to supervise the act of the probate judge in recording the paper, and hence it is immaterial as far as the plaintiff’s rights are concerned that the recording officer committed an error in writing the mortgagor’s name “Cavis” instead of “Davis” upon the mortgage…
2Cases cited14 opinions
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
- Heflin v. SlaySupreme Court of Alabama · 1884
- Ala. Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1885
- Fouche v. SwainSupreme Court of Alabama · 1885
- Cox v. DavisSupreme Court of Alabama · 1850
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3Cited by17 opinions
- Koch v. StateSupreme Court of Alabama · 1896
- Ryan v. YoungSupreme Court of Alabama · 1906
- Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
- Chapman & Co. v. JohnsonSupreme Court of Alabama · 1904
- McConnell v. AdairSupreme Court of Alabama · 1906
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