Boswell v. Thompson
Supreme Court of Alabama
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Detinue by J. A. Thompson against J. É. Boswell ancl others. From a judgment for plaintiff, defendants appeal. The suit is over six oxen, Avkich plaintiff claims Avere sold to him by one Tiller. There Avas disputte as to the authority of Tiller to make the sale.
Read the full summary
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Detinue by J. A. Thompson against J. É. Boswell ancl others. From a judgment for plaintiff, defendants appeal. The suit is over six oxen, Avkich plaintiff claims Avere sold to him by one Tiller. There Avas disputte as to the authority of Tiller to make the sale. The folloAving charges Avere refused to the defendant: “(1) Although the jury may believe that the defendant Boswell made the admission claimed to have been made, yet the plaintiff cannot recover, unless the jury is reasonably satisfied that Boswell did in fact authorize…
1Opinion of the CourtAnderson, J.
The defendant proved that he owned the oxen and that Tiller had no authority to «ell them; and, if this was true, the plaintiff acquired no title under his purchase from said Tiller. The plaintiff attempted to show that Tiller was authorized by the defendant to sell the oxen, by proving a certain admission by him to the effect that he had authorized him to sell them. Therefore there was a conflict in the evidence on this point, which was a question for the jury.
The admission, being denied and disputed by other evidence, was not conclusive on the defendant; but, even if made by him, he had the…
2Cases cited2 opinions
- Southern Warehouse Co. v. JohnsonSupreme Court of Alabama · 1887
- Hammond Bros. & Co. v. LuskSupreme Court of Alabama · 1907
3Cited by1 opinion
- Brooks v. StateAlabama Court of Appeals · 1946