Lyon & Co. v. Kent, Payne & Co.
Supreme Court of Alabama
Appeal from Circuit Court of Marengo. Tried before Hon. Luther R. Smith. This is an action of detinue for seventy-eight bales of cotton, commenced on the 6th day of October, 1865. The proofs, so far as necessary to be set forth, tend to show that, on the 17th of January, 1865, the appellees in this court, who were the plaintiffs in the court below, owned the cotton in controversy.
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Appeal from Circuit Court of Marengo. Tried before Hon. Luther R. Smith. This is an action of detinue for seventy-eight bales of cotton, commenced on the 6th day of October, 1865. The proofs, so far as necessary to be set forth, tend to show that, on the 17th of January, 1865, the appellees in this court, who were the plaintiffs in the court below, owned the cotton in controversy. They resided at that time in the city of Richmond, in the State of Virginia; and the cotton was in the custody of their agent, David Browder, in this State. On the day above named, Kent, Payne & Co., said…
1Opinion of the CourtPeters, J.
The charge given by the court, of its own motion, on the trial below, and excepted to by the defendants, was correct. The only negotiation that Singleton had with the firm of Kent, Payne & Co., touching the cotton, took place in January, 1865, at Richmond, Virginia-If there was a sale at all, or any contract entered into between Singleton, a citizen of Illinois, and Kent, Payne & Co., citizens of Virginia, by which any title or interest in the cotton was attempted to' be passed from the one to the other, it was wholly void, and incapable of ratification. No trading between these parties was…
2Cases cited15 opinions
- Green v. WatkinsSupreme Court of the United States · 1821
- Kennett v. ChambersSupreme Court of the United States · 1852
- Tuskaloosa Bridge Co. v. OlmsteadSupreme Court of Alabama · 1867
- Powell's Adm'r v. HenrySupreme Court of Alabama · 1855
- Bott v. McCoySupreme Court of Alabama · 1852
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3Cited by5 opinions
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- Gordon & Stokes v. BellSupreme Court of Alabama · 1874
- Napier v. JonesSupreme Court of Alabama · 1872
- Baker v. StateSupreme Court of Alabama · 1873
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