Holman v. Ketchum
Supreme Court of Alabama
Appeal from Dale Circuit, Court. Heard before Hon. A. A. Evans. Trespass and trover by R. C. Ketcham against J. D. Holman for the recovery of certain mules. From a judgment overruling a motion for a new trial, defendant appeals. R. C. Ketcham sued J. D. Holman in trespass and in trover for the taking and conversion by him of two mules. Holman justified under the mortgage, the contents of which are sufficiently stated in the opinion of the court.
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Appeal from Dale Circuit, Court. Heard before Hon. A. A. Evans. Trespass and trover by R. C. Ketcham against J. D. Holman for the recovery of certain mules. From a judgment overruling a motion for a new trial, defendant appeals. R. C. Ketcham sued J. D. Holman in trespass and in trover for the taking and conversion by him of two mules. Holman justified under the mortgage, the contents of which are sufficiently stated in the opinion of the court. The plaintiff replied that he declined to execute a mortgage and that it was falsely represented to him by Holman that the paper he signed Avas a…
1Opinion of the CourtMcCLELLAN, J.
— The defendant’s motion for a new-trial upon the ground that the verdict Avas contrary to the laAV and evidence, or either, Avas overruled, and from that action he appeals.
The plaintiff’s case is stated in íavo counts, trespass and trover. Admitting that he took possession, without force, of the two mules in question, the defendant sought to justify his course under a mortgage to him by plaintiff. This instrument purports to have been executed on November 3, 1903, and the note AAdiich it w-as gi\ren to secure matured on September 1, 1904. The taking of the animals was on February 22, 1904.…
2Cases cited4 opinions
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Bank of Guntersville v. WebbSupreme Court of Alabama · 1895
- Stephens v. HeadSupreme Court of Alabama · 1903
3Cited by17 opinions
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Hamilton v. HamiltonSupreme Court of Alabama · 1950
- American Standard Life Ins. Co. v. JohnsonSupreme Court of Alabama · 1935
- Federal Land Bank v. DavisSupreme Court of Alabama · 1934
- Manufacturers' Finance Acceptance Corp. v. WoodsSupreme Court of Alabama · 1930
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