Ketchum v. Faircloth-Segrest Co.
Supreme Court of Alabama
Detinue. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by the Faircloth-Segrest Company against S. C. Ketchum. Judgment for plaintiff, and defendant appeals.
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Detinue. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by the Faircloth-Segrest Company against S. C. Ketchum. Judgment for plaintiff, and defendant appeals. In removal of disabilities of nonage, the chancery court acts in accordance with the statute and is bound by their provisions.— Cox v. J ohnson, 80 Ala. 22. Decree orders and adjudges that petitioner is entitled to relief but does not grant the relief. — Thorn v. ■Wallner, 72 Ala. 233; 140 Ala. 407. The decree should have been recorded. — Wilkerson-Banks & Go. v. Buster, 24 Ala. 574. It does not become…
1Opinion of the CourtSimpson, J.
This action is detinue, brought by the appellee against the appellant, for certain personal property which was covered by certain mortgages executed by the defendant and owned by the plaintiff. The defendant was under the age of 21 years, but over the age of 18, when said mortgages were executed. The plea was the general issue, but the defendant introduced •proof of his age, and the plaintiff introduced the petition in the chancery court to relieve the defendant of the disabilities of nonage, together with the proceedings thereon, including the decree.
*258The only points argued by the appellant…
2Cited by2 opinions
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- Hutchinson v. TillSupreme Court of Alabama · 1924