Smith v. Davenport & Co.
Alabama Court of Appeals
Trover. Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Trover by John Smith against E. T. Davenport and another, doing business as E. T. Davenport & Company. From judgment for defendant, plaintiff appeals.
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Trover. Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Trover by John Smith against E. T. Davenport and another, doing business as E. T. Davenport & Company. From judgment for defendant, plaintiff appeals. The second plea is that defendant toot possession of said property under and by virtue of the authority conferred by mortgage executed by T. M. Young to defendant of date March 19, 1912, conveying to defendant all the crops of cotton, corn, and other produce raised by the mortgagor Young during the year 1912, and defendants aver that the property described in said…
1Opinion of the CourtBrown, J.
It was essential to the plaintiff’s right of recovery in an action of rrover, and it is incumbent upon the plaintiff, to show in himself at the time of the alleged conversion a property right — title general or special- — in the property, and possession or an immediate right of possession.—Rolfe v. Huntsville Lumber Co., 8 Ala. App. 487, 62 South. 537; Tallassee Falls Mfg. Co. v. First Nat. Bank, 159 Ala. 317, 49 South. 246; Johnson v. Wilson & Co., 137 Ala. 468, 34 South. 392, *45997 Am. St. Rep. 52; Fields v. Copeland, 121 Ala. 644, 26 South. 491; 38 Cyc. 2044, brief point 58.
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2Cases cited14 opinions
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Paden & Co. v. Bellenger & RallsSupreme Court of Alabama · 1888
- Grant v. SteinerSupreme Court of Alabama · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Maring-Crawford Motor Co. v. SmithSupreme Court of Alabama · 1970
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Ex Parte Estate of CookSupreme Court of Alabama · 2002
- Johnson v. Coosa Mfg. Co.Alabama Court of Appeals · 1919
- Harris v. Leeth Nat. BankAlabama Court of Appeals · 1925
8 more not listed; retrieve them via the Exa API.