The Montgomery advertiser., 1906-10-12
Head Notes Of tie Decisions
Of Alabama Supreme Court

tening, and that the track was
straight for two hundred feet at tina,
point. such one was guilty of con-
triput0rN negligence and cannot re.
cover, In the absence of wantonness
Appeal from Madison Circuit Court
Heard before Hon. Panl Speake.
Acknowledgment nv Jaralson 7
D"wdell. Anderson and benson, JJ.
concur.
REEDER VS. HUFFMAN. ct a,
Action on Constable's BOND for Failure
to Lew Execution decided MAJ,
18th. 1sn6-41 So Ron. ~
Sheriffs and Constahles:. Failure
70 Serve Process: Pleadings: I'oriunc-
Nv" Allegations.--I'n Under COMPLAINT
alleging that a constable refused and
wholly failed 20 execute certain writs
in his hands. tho plaintiff must show
not only that tho officer failed to cxer-
els" due diligence. hut also that he
refused to execute the process: the
allegation being coniunctive.
2. Trial: Affirmative charge: Con
flict.--Where there was conflict in the
evidence as to matters alleged in the
complaint tho affirmative charge was
properly refused to plaintiff
z. Evidence; Tncommunicate Mo-
tive.-The uncommunlcated motives or
purposes of a witness with respect Of
certain acts of his about which he has
testified are not admissible in evil
dence.
4. Same.-It was not nermissibIc to
inquire of witness whether he would
, have told the constable he had GER
tain property. If tho constable had in
Tuired Of him concerning it.
Appeal from Lauderdalc Circuit
Court.
Heard before Hon. f.. n Almon.
Affirmed, Opinion by Weakle.. G. j
Haralsorf, Dowdell and benson, il,
| concur.
KYLE VS.. ALA. STATE LAND CO
Bill to Quiet Title.--tpecided May 10th
1861 So Ren. 114D
Ouieting Title: Possession of Plain
tiff.-Under section 500. Code 1895. the
constructive possession which exists in
| the holder of the legal title is sum
| cient possession to maiptain the bill
| in the absence Of proof of adverse pos
| session in another.
Appeal from Tuscaloosa County
Curt
| Heard before Hon. FL B. Foster.
Affirmed Opinion by Simpson. J.
| Weakley. c. j.. Tyson and Anderson
| IL. concur.
| FORD VS.. LEWIS.
| Unlawful Observation-Disclosures April
| 2Sth, 1906-41 So. Rep. 144D
| !. Mortgages: Foreclosures: Maturi-
| ty of Debt: NonpaSment.-The mort
| gage provided for a sale of the prop
| erty therein conveyed In case Of fail
ure to pay the Indebtedness secured
or any part thereof: Held. 1t authorized
a sale on default as to any one of the
notes. which default operated as a for
| fixture pro tanto.
Do 80 oh Afot, III
| ty.-When the debt secured by the
mortgage is payable in installments
and there was no provision in the
mortgage making all the installmcnts
| fall due upon default as to one, default
| In one did not operate to make al
| due.
| g. Same; Power of Sale: Subsequent
| Sales.-The mortgage provided for a
| sale in case of failure to pay the Sc
cured debt. or any part thereof, when
| due: 1t contained no power Of sale
from time to time as the installments
of the secured debt fell due. and no
authority to make more than one sale:
Held. a sale for nonpayment Of Il pre-
vious installment extinguished the pow
| er OF sale as to any other installments
| but the mortgage was entitled to re-
| tain enough of the proceeds to satisfy
the balance of the secured debt.
| A. Forcible Entry and Detainer'
| Mortgages: Redemption; Rights oil
| Creditors-Under Section 1913 Code
| 1896. a judgment creditor of the mort
| gagor. who has complied with the re-
ouirements of Sections 1907 and 1910
| code 1896, Is entitled to bring unlaw-
| full detainer for the land sold under
| the foreclosure OF the mortgage.
| Appeal from Marion Circuit Court
| Heard before Hon. f. p. Almon.
1 4 Dan nd
| by HARRISON. J.
| Dowdeu Anderson and benson. JJ.