Street v. Sinclair
Supreme Court of Alabama
Appeal from Olay Circuit Court. Tried before lion. LeBoy F. Box. Alex. 0. Sinclair, the appellee, commenced this action on the 5th of January, 1878, against Merit Street, George "W. Dillard, the appellees, and one "W. A. Davenport, to recover “ one thousand dollars damages for wrongfully talcing the following goods and chattels, the property of plaintiff, viz: One mule and one mare, of the value of three hundred dollars.” ~W. A. Davenport was not found, and service was only…
Read the full summary
Appeal from Olay Circuit Court. Tried before lion. LeBoy F. Box. Alex. 0. Sinclair, the appellee, commenced this action on the 5th of January, 1878, against Merit Street, George "W. Dillard, the appellees, and one "W. A. Davenport, to recover “ one thousand dollars damages for wrongfully talcing the following goods and chattels, the property of plaintiff, viz: One mule and one mare, of the value of three hundred dollars.” ~W. A. Davenport was not found, and service was only had on the other two defendants, who pleaded separately “ not guilty, with leave to give in evidence any thing that…
1Opinion of the CourtSomeryille, J.
This is an action of trespass by a mortgagor against a mortgagee, for entering the premises of the plaintiff and carrying away certain personal property, a horse and a mule, conveyed by the mortgage. The taking was done by the mortgagee’s agents, who are jointly sued with him in this case, and, in point of time, the asportation occurred after the law-day of the mortgage.
It is true that a mortgagee maybe liable in trespass or trover to a mortgagor 'for wrongfully disturbing the latter’s possession. The question is, under what circumstances will such disturbance be considered wrongful, where an…
2Cases cited8 opinions
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Mays v. WilliamsSupreme Court of Alabama · 1855
- Burton v. HolleySupreme Court of Alabama · 1856
- Adams v. RobinsonSupreme Court of Alabama · 1880
- Wilcox, Gribbs & Co. v. HendersonSupreme Court of Alabama · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Singer Sewing Machine Co. v. RiosTexas Supreme Court · 1903
- Ex parte HurnSupreme Court of Alabama · 1890
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Grisham v. BodmanSupreme Court of Alabama · 1895
41 more not listed; retrieve them via the Exa API.