Boozer v. Jones
Supreme Court of Alabama
Detinue. Appeal from Anniston City Court. Heard before H'on. Thomas W. Coleman, Jr. Detinue by Charlotte Jones against D. M. Boozer. From a judgment for plaintiff, defendant appeals. The facts made by the testimony tend to show that the plaintiff was the. owner of four mules, which she rented through her agent to a man named McKinley; that McKinley used the mules to haul oil with, and agreed to pay a rental therefor of $1 per day.
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Detinue. Appeal from Anniston City Court. Heard before H'on. Thomas W. Coleman, Jr. Detinue by Charlotte Jones against D. M. Boozer. From a judgment for plaintiff, defendant appeals. The facts made by the testimony tend to show that the plaintiff was the. owner of four mules, which she rented through her agent to a man named McKinley; that McKinley used the mules to haul oil with, and agreed to pay a rental therefor of $1 per day. Some lime later she found the mules in possession of the present appellant, and brought this suit to recover them. The evidence for the defendant tended to show…
1Opinion of the CourtMcCLELLAN, J.
A bailee for hire cannot make a valid sale of the bailment, “even to a bona fide purchaser who may be in ignorance of the vendor’s want of title.” — Medlin v. Wilkerson, 81 Ala. 147, 1 South. 37; Singer Manuf'g Co. v. Belgart, 84 Ala. 519, 4 South. 400; Milner & Kettig Co. v. De Loach Manuf’g Co., 139 Ala. 645, 36 South. 765, 101 Am. St. Rep. 63; Miller Piano Co. v. Parker, 155 Pa. 208, 26 Atl. 303, 35 Am. St. Rep. 873, 874. McKinley was shown, without dispute, to have been a mere bailee for hire (with no right or authority to sell them) of the four mules sought to be recovered in this…
2Cases cited13 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Koch v. StateSupreme Court of Alabama · 1896
- Sanford v. StateSupreme Court of Alabama · 1904
- Miller Piano Co. v. ParkerSupreme Court of Pennsylvania · 1893
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- J. L. McClure Motor Co. v. McClainAlabama Court of Appeals · 1949
- Sloss-Sheffield Steel & Iron Co. v. ReddAlabama Court of Appeals · 1912
- Benford v. StateCourt of Criminal Appeals of Alabama · 1981
- Love v. StateSupreme Court of Alabama · 1928
5 more not listed; retrieve them via the Exa API.