Atchley v. Wood

FOSTER, Justice.

The question under review is whether the allegation as to time in a count in trover has been sufficiently proven to justify its submission to the jury. The complaint alleges that the conversion occurred “on or about November 1, 1948.”

The transaction related to the cultivation of cotton. The owner of the land was to have as rent one-fourth; plaintiff one-fourth; defendant one-half. Plaintiff carried out his part of the agreement. Defendant sold the entire crop undivided for $670, and paid one-fourth of it to the landlord" as rent, declaring that plaintiff was not entitled to…