Renfro's Adm'x v. Hughes
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before lion. Ii. D. Clayton. This was an action of trover by Samuel E. Hughes against Forney Renfro, for the recovery of damages for the alleged conversion of a horse. Renfro having died pending his appeal in this court, the cause was here revived in the name of his personal repsesentative.
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Appeal from Lee Circuit Court. Tried before lion. Ii. D. Clayton. This was an action of trover by Samuel E. Hughes against Forney Renfro, for the recovery of damages for the alleged conversion of a horse. Renfro having died pending his appeal in this court, the cause was here revived in the name of his personal repsesentative. Cn the trial the plaintiff proved that the horse was his property; that it was stolen from him at his home near Milledgoville, in Georgia, and that he afterwards found it in the possession of the defendant at Opelika, in this State, from whom he regained it before the…
1Opinion of the CourtStone, J.
In actions of trover, where the possession of the property has not been recovered or regained before the trial and judgment, the measure of damages, if the plaintiff succeed, is the value of the property converted, and interest upon it. And, in assessing the damages, the jury are not necessarily confined to the value at the time of the conversion. When this is the case, the interest should be computed from the time the jury elect in fixing the value. They should never fall below that, but may take any value proved, from the time of the conversion to the trial. But if before the trial the…
2Cases cited3 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Ewing v. BlountSupreme Court of Alabama · 1852
- Copeland & Brantley v. CunninghamSupreme Court of Alabama · 1879
3Cited by10 opinions
- Foster v. NapierSupreme Court of Alabama · 1883
- Roebuck Auto Sales, Inc. v. WallaceSupreme Court of Alabama · 1974
- Southern Railway Co. v. WebbSupreme Court of Alabama · 1904
- Louisville & Nashville R. R. v. FletcherSupreme Court of Alabama · 1915
- Hodges v. WestmorelandSupreme Court of Alabama · 1923
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