47 Ala. 479
Decided January 15, 1872
Supreme Court of Alabama · decided 1872-01-15
Tried before Hon. John D. Cunningham. The appellees sued to recover two mules which were in the possession of the appellant. The plaintiffs were the tenants of the defendant during the year 1869, and were indebted to him $500 for the purchase of the mules, and about 'the same amount for advances made to procure supplies for the year. The purchase-money for the mules was secured by a mortgage on them, and also on the crop to be raised by the plaintiffs in that year.
Decided 1872-01-15
¶1We see no error in the charge given. The agreement proposed by Dreyfus was not executed. The defendant acquired no right against Dreyfus, nor did the latter'obtain any against the plaintiffs. The defendant’s consent, under the supposition of the charge, was not necessary to a credit of the payment received by him on the mortgage debt. If he had a superior claim to appropriate the payment to his other debt he ought to have propounded it.
¶2The judgment is affirmed.