Malone v. Bedsole

• Citation: 9 So. 520,93 Ala. 41
• Parties: MALONE ET AL. v. BEDSOLE.
• Decision Date: 16 June 1891
• Court: Supreme Court of Alabama

9 So. 520

93 Ala. 41

MALONE ET AL. v. BEDSOLE.

Supreme Court of Alabama

June 16, 1891

Appeal from circuit court, Geneva county; J. M. CARMICHAEL, Judge.

Detinue for a mule by Travis Bedsole against Malone and Collins. Judgment for plaintiff. Defendants appeal.

W D. Roberts, for appellants.

J E. P. Flournoy, for appellee.

CLOPTON J.

On March 19, 1888, C. C. Russell executed to William Russell a mortgage on the mule in controversy. At the date of the mortgage the mortgagor resided in Geneva county, where the mule was also, in which county the mortgage was recorded within three days after its execution. About August 1, 1888 the mortgagor rode the mule to plaintiff's mill in Coffee county, carrying corn to be ground, and while at the mill he and plaintiff made an exchange, plaintiff giving him two horses for the mule. Plaintiff kept possession of the mule in Coffee county for eight months before he had notice of the mortgage, which was never recorded in that county. It was assigned by the mortgagee to defendants in May, 1889. Plaintiff surrendered the mule to defendants on their demand and now brings this action to recover it. The court instructed the jury, if plaintiff purchased the mule in Coffee county for a valuable consideration without actual notice of the mortgage, or of such facts as, if followed would have led to a knowledge of its existence, and kept the mule in that county for more than six months without such notice, and the mortgage was not recorded in that county within that time, he is entitled to recover. The priority of right depends upon the construction of sections 1806 and 1814 of the Code. The first provides: "Conveyances of personal property to secure debts, or to provide indemnity, must be recorded in the county in which the grantor resides, and also in the county were the property is at the date of the conveyance; and, if before the lien is satisfied the property is removed to another county, the conveyance must be again recorded, within six months from such removal, in the county to which it is removed." The second section, after providing that such conveyances of personal property are inoperative against creditors and purchasers without notice, declares: "And, if such property is removed to a different county from that in which the grantor resides, the conveyance must be recorded in such county within six months from the removal, or it ceases to have effect after such six months against creditors or purchasers of the grantor without notice." A conveyance of personal property to secure debts being, under the statute, inoperative against creditors and purchasers without notice until recorded, as to them its existence begins...