Legal Opinion

Wilson v. Windham

Supreme Court of Alabama

Decided January 13, 1921No. 6 Div. 121PublishedCited by 1 opinion

Appeal from Circuit Court, Lamar County; T. L. Sowell, Judge. Action by A. S. Wilson against R. V. Wind-ham for trespass, trover, and detinue. Judgment for the defendant, and the plaintiff appeals.

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Appeal from Circuit Court, Lamar County; T. L. Sowell, Judge. Action by A. S. Wilson against R. V. Wind-ham for trespass, trover, and detinue. Judgment for the defendant, and the plaintiff appeals. Wilson brought the suit originally against L. C. and J. W. Coleman for the possession of certain cotton and corn covered by a mortgage executed by the Colemans to Mm on February 15, 1915. The Colemans were tenants of Mrs. Mary Atkins, and at the trial in the justice court R. V. Windham appeared as claimant for the property, made affidavit, and gave bond as required by law. The trial in the justice…

1Opinion of the CourtBrown, J.

This action is by Wilson against Windham. The complaint was filed April 5, 1918, and contains counts in trespass, trover, and detinue. The subject of the controversy is cotton and corn grown by the Colemans on lands which they occupied as tenants of Mrs. Atkins during the year 1915.

The plaintiff claimed title to the property under two mortgages executed by the Cole-mans, on February 15 and February 19, 1915, respectively, and due- and payable October 1, 1915, covering corn, cotton, and other products to be grown by the Colemans during the year 1915, which were offered' in evidence.

To recover…

2Cases cited4 opinions

  1. Keyser v. Maas & SchwarzSupreme Court of Alabama · 1895
  2. Abraham v. NicrosiSupreme Court of Alabama · 1888
  3. Cofer v. ReinschmidtSupreme Court of Alabama · 1898
  4. Kinston Supply Co. v. KellySupreme Court of Alabama · 1917

3Cited by1 opinion

  1. Wilson v. WindhamSupreme Court of Alabama · 1925

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