Peters v. Brunswick-Balke-Collender Co.
Alabama Court of Appeals
Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Bbrney. Trover and detinue by the Brunswick-Balke-Col'lender Company against Frank Peters. Judgment for plaintiff and defendant appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Bbrney. Trover and detinue by the Brunswick-Balke-Col'lender Company against Frank Peters. Judgment for plaintiff and defendant appeals. Under the evidence, the court was in error in holding that the chattels were in the actual possession of the appellant, and that appellee had such absolute legal title or special property and right to immediate possession as would support the action. — Walker v. Fenner, 20 Ala. 192; Henderson v. Phelps, 58 Ala. 590; Lucius v. Pittman, 94 Ala. 616; Behr v. Gerson, 95 Ala. 441; Kyle v. Etcing,…
1Opinion of the CourtPelham, J.
This suit was instituted in the court below by the appellee. The complaint originally contained counts in the statutory form in trover and detinue. Subsequently three other counts were filed in conversion setting up the facts showing the alleged conversion. The case was tried before the court without a jury, and a judgment in detinue rendered in favor of the plaintiffs, and it will be unnecessary to discuss the various rulings on the pleadings in trover. In the first instance the defendant filed a plea of the general issue to the count in detinue, and subsequently, it would seem, withdrew…
2Cases cited12 opinions
- Hussey v. StateSupreme Court of Alabama · 1888
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Hardeman v. WilliamsSupreme Court of Alabama · 1907
- Alabama Western Railroad v. Talley-Bates Const. Co.Supreme Court of Alabama · 1909
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3Cited by4 opinions
- Cable Piano Co. v. EstesSupreme Court of Alabama · 1921
- Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
- Loy v. ReidAlabama Court of Appeals · 1914
- Motors Insurance Corporation v. StewartSupreme Court of Alabama · 1954