107 So. 744 | Ala. | 1926
Appellant rented to one Britt Clark for the year 1922 certain lands for pasturage purposes only, and during that year procured the issuance of an attachment against Clark for the balance of the rent due, and levied on a mule that had been pasturing on said land. Sections 8894-8896, Code 1923; Engram v. Thoma,
The evidence is without dispute that Clark, the tenant, procured the possession of the mule from Dial, the claimant, under a verbal conditional sale contract, with the express stipulation that the title to the mule was to remain in the claimant, the vendor, until paid for at the agreed price of $60, payable $2 per week; that a considerable sum was past due and unpaid at the time of the attachment. This constituted what is commonly known as a conditional sale, and not a mortgage, as insisted by counsel for appellant. L. N. R. R. Co. v. Miller,
In Alford v. Singer Sewing Machine Co.,
The rulings on evidence bore no relation to the controlling facts of the case, and could in no event affect the result on this appeal, and therefore need no separate treatment here.
We are of the opinion the trial court correctly ruled in favor of the claimant, and the judgment will accordingly be here affirmed.
Affirmed.
ANDERSON, C. J., and SAYRE and MILLER, JJ., concur.