Henderson v. Pilley
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The facts of the case are sufficiently stated in the opinion. . A sale made hy -a trustee under the order of court to himself is not void, but voidable at the election of adverse parties seasonably made. — McMillan v. Rushing, 80 Ala. 402; Anderson v. Buckley, 126 Ala. 623. So that the fact hat plaintiff may have been selling to himself makes it none the less a sale, though there may be an…
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The facts of the case are sufficiently stated in the opinion. . A sale made hy -a trustee under the order of court to himself is not void, but voidable at the election of adverse parties seasonably made. — McMillan v. Rushing, 80 Ala. 402; Anderson v. Buckley, 126 Ala. 623. So that the fact hat plaintiff may have been selling to himself makes it none the less a sale, though there may be an irregularity. A sale is a contract founded upon a. money consideration by which property is transferred from the seller to the…
1Opinion of the Court
DOWDELL/ J.
The appellant brought his action in trover against appellee to recover damages for the conversion of four mules and two wagons. Upon the trial of the cause,1 upon the undisputed evidence in the case-the court- gave the general affirmative charge at the request of the defendant in writing and refused it to the plaintiff. Upon this action of the court is based 'appellant’s - assignments! of error.
To support the 'action of trover, the plaintiff must have, at the time of suit brought, either a general or special property right in the -chattel -alleged to have been converted; and if a…
2Cases cited3 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Street v. NelsonSupreme Court of Alabama · 1885
- Kemp v. ThompsonSupreme Court of Alabama · 1849
3Cited by2 opinions
- Southern Ry. Co. v. LeardSupreme Court of Alabama · 1905
- Richardson v. SewellAlabama Court of Appeals · 1923