Johnson v. Coosa Mfg. Co.
Alabama Court of Appeals
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Trover by J. E. Johnson against the Coosa Manufacturing Company for conversion of cotton.' Judgment for defendant, and plaintiff’ appeals.
1Opinion of the CourtSamford, J.
The action was brought by the plaintiff, claiming as a mortgagee of a crop, against the defendant, a purchaser from the mortgagor. The bill of exceptions purports to set out all of the evidence. From this it appears that the plaintiff failed to prove that the property claimed to have been converted was covered by the mortgage.
[1-3] A mortgagor of a crop to be grown must have some interest in the land on which the crop is to be grown at the time of the execution of the mortgage. Farmers’ Mut. W. Co. v. McIntosh, Ala. App. 407, 56 South. 102; McNeill v. Henderson & Hill, 1 Ala. App. 405, 55…
2Cases cited10 opinions
- Windham & Co. v. Stephenson & AlexanderSupreme Court of Alabama · 1908
- Travelers' Ins. Co. v. LazenbyAlabama Court of Appeals · 1918
- Farmers Union Warehouse Co. v. McIntoshAlabama Court of Appeals · 1911
- Smith v. Davenport & Co.Alabama Court of Appeals · 1915
- Flowers v. W. T. Smith. Lumber Co.Supreme Court of Alabama · 1908
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3Cited by4 opinions
- State v. ThurmanAlabama Court of Appeals · 1921
- Polytinsky v. LindseyAlabama Court of Appeals · 1925
- Steele v. BrooksAlabama Court of Appeals · 1949
- State v. ThurmanAlabama Court of Appeals · 1921