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117 Ala. 290

Chadwick v. Russell

Supreme Court of Alabama

Decided November 15, 1897

Supreme Court of Alabama · decided 1897-11-15

Tried before the Hon. J. A. Bilbro. The appellant, J. T. Chadwick, brought this action against the appellee, W. W. Russell, to recover damages for the wrongful taking and conversion of certain specifically described personal property. In the complaint there was a count for trespass and one for trover. Issue joined was upon the plea of the general issue.

Relies on O'Neal v. Seixas

Good law ✅— No negative treatment on recordhow we know

Decided 1897-11-15

How this case has been cited

Cited by 12 later decisions — most recently December 1930

12 state decisions

5018971900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McCLELLAN, J.

¶1A plausible, if not a forcible, argument can be made and has been made'in this case for a difference between the registration of a mortgage of realty and one of personalty in respect of constructive notice to sub-purchasers under the mortgagor; the insistence being that the record should be, as it is, notice to all sub-purchasers of real estate, but should not be notice to any except the immediate purchasers of’ personalty ; but we think the argument should be addressed to the legislature and not to the courts. Under the law as written we see no room, for the distinction. Section 1814 of the Code of 1886 (Code of 1896, § 1009), relative to the registration of conveyances of personalty affords no ground upon which to give it a different construction in respect of the parties affected by notice, from that which is established of section 1810 of Code of 1886 (Code of 1896, § 1005), as to the registration of conveyances of real estate in the particular under consideration. The construction so established of section 1810 of Code of 1886 (Code of 1896, § 1005) is that the registration referred to in it is notice to all the world of the lien of the mortgage. — O’Neil v. Seixas, 85 Ala. 80. And so we hold as to the registration referred to in section 1814 of Code of 1886 (Code of 1896, § 1009). Such has been the understanding of the profession and the public, and we do not feel justified in adopting a different view.

¶2Affirmed.

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