Screws v. Roach
Supreme Court of Alabama
Error to the Circuit Court of Barbour. Tried before the Hon. Robert Dougherty. This was an action of trover, brought by the plaintiff in error against the defendant in error, to recover for the value of a certain amount of cotton claimed by the plaintiff. On the trial, a bill of exceptions was allowed, by which it appears, that both the plaintiff and defendant claimed title in the cotton through one J. W. Barrow.
Read the full summary
Error to the Circuit Court of Barbour. Tried before the Hon. Robert Dougherty. This was an action of trover, brought by the plaintiff in error against the defendant in error, to recover for the value of a certain amount of cotton claimed by the plaintiff. On the trial, a bill of exceptions was allowed, by which it appears, that both the plaintiff and defendant claimed title in the cotton through one J. W. Barrow. The plaintiff’s title was founded upon a bill of sale, of which the following is a copy: “ Know all men by these presents, that J. W. Barrow has this day sold to Benjamin Screws my…
1Opinion of the CourtGibbons, J.
The sole question presented by the bill of exceptions is, whether or not the title to the cotton for the recovery of which the suit is brought, vested in the plaintiff by the execution and delivery of the,bill of sale.
It may be stated as a general rule, in contracts for the sale of chattels, that where the contract is complete in all its parts, and nothing remains to be done by either party, in order to ascertain the identity of the thing sold, the quality, or the price, the title to the property vests in the vendee by the contract itself. '■ But if something yet remains to be done at the…
2Cases cited2 opinions
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Batre v. SimpsonSupreme Court of Alabama · 1842
3Cited by7 opinions
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Brooks v. TynerSupreme Court of Oklahoma · 1913
- Folmar & Sons v. Copeland & BrantleySupreme Court of Alabama · 1877
- Ogle v. Oklahoma City Horse & Mule Com. Co.Supreme Court of Oklahoma · 1935
- Iron City Grain Co. v. ArnoldSupreme Court of Alabama · 1927
2 more not listed; retrieve them via the Exa API.