Windham & Co. v. Stephenson & Alexander
Supreme Court of Alabama
Appeal from Lawrence Cirsuit Court. Heard before Hon. D. W. Speake. Action by Windham & Co. v. Stephenson & Alexander, for the destruction of a mortgage lien on certain property, the facts concerning Avhich sufficiently appear in the opinion of the court. Judgment for defendants and plaintiff appeals. The defendants had notice of the existence of the mortgage. —Truss v. Harvey, 120 Ala. 636. The court erred in giving the affirmatÍAre charge for the defendants.
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Appeal from Lawrence Cirsuit Court. Heard before Hon. D. W. Speake. Action by Windham & Co. v. Stephenson & Alexander, for the destruction of a mortgage lien on certain property, the facts concerning Avhich sufficiently appear in the opinion of the court. Judgment for defendants and plaintiff appeals. The defendants had notice of the existence of the mortgage. —Truss v. Harvey, 120 Ala. 636. The court erred in giving the affirmatÍAre charge for the defendants. The mortgagor had no interest in the land on which the crops were grown at the time of the execution of the mortgage, and hence, the…
1Opinion of the CourtHaralson, J.
The plaintiffs, Windham & Co., sued the defendants, Stephenson & Alexander, in an action on the case, to recover $100 damages for an alleged wrongful remoAUil and disposition of 2 bales of cotton and 50 bushels of corn, upon which plaintiffs claim to have a lien by virtue of a mortgage executed on the 18th of February, 1903, by Charles Daugherty to Tollie Hodges, and which Avas by the latter, for value received, transferred, on the 19th of February, 1903, to the plaintiffs. The mortgage Avas, to repeat its language, on “the entire crop of cotton and corn, fodder, grain or other articles of…
2Cases cited6 opinions
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Paden & Co. v. Bellenger & RallsSupreme Court of Alabama · 1888
- Grant v. SteinerSupreme Court of Alabama · 1880
- Christian & Craft Grocery Co. v. Michael & LyonsSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Pinckard v. CasselsSupreme Court of Alabama · 1915
- Albertville Trading Co. v. CritcherSupreme Court of Alabama · 1927
- Farmers Union Warehouse Co. v. McIntoshAlabama Court of Appeals · 1911
- Courtney v. StateAlabama Court of Appeals · 1914
19 more not listed; retrieve them via the Exa API.