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74 Ala. 353

Bell v. Tyson

Supreme Court of Alabama

Decided December 15, 1883

Supreme Court of Alabama · decided 1883-12-15

Tried before the Lion. John Moore. This action was brought by Yincent EL Bell, against John A. Tyson and T. P. Lightfoot, to recover damages for the defendants’ conversion of certain bales of cotton, on which the plaintiff claimed to have a lien, of which lien he alleged that the defendants had notice when they received and sold the cotton ; and was commenced on 6th October, 1881.

Relies on Wilkinson v. Ketler

Good law ✅— No negative treatment on recordhow we know

Decided 1883-12-15

How this case has been cited

Cited by 3 later decisions — most recently May 1935

3 state decisions

10188318901900191019201930decided

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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SOMEEYILLE, J.

¶1— We find no error in the rulings of the' Circuit Court in this cause. The defendants were not chargeable with constructive notice of plaintiff’s unrecorded mortgage, executed by Martin and others upon the crops grown upon the land which they had purchased from the plaintiff. It is shown that the defendants knew of the existence of plaintiff’s claim for the purchase-money, but we are aware of no rule of law which makes notice of the existence of a debt to be constructive notice of a secret lien created by an unrecorded mortgage by which such debt is secured. The defendants were purchasers of the cotton for value, without notice; the mere knowledge of the plaintiff’s claim not being sufficient to put them on inquiry as to the lien of his mortgage. The case of Wilkinson v. Ketler, 69 Ala. 435, is an authority conclusive of this proposition, if an authority were, needed for an elementary principle so manifestly correct and reasonable in itself.

¶2Affirmed.

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