Johnson v. Wilson & Co.
Supreme Court of Alabama
Appeal from tlie Circuit 'Court of Colbert. Tried before tlie Hon. Ed. B. Almon. This action was brought by the appellees, Wilson & Company, a partnership, against the appellant, Bichará. Johnson. The complaint contained four counts. Two of the counts were in trover and sought to recover damages for the unlawful and wrongful conversion by the defendant to his own use of cotton, a. mule and some cattle.
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Appeal from tlie Circuit 'Court of Colbert. Tried before tlie Hon. Ed. B. Almon. This action was brought by the appellees, Wilson & Company, a partnership, against the appellant, Bichará. Johnson. The complaint contained four counts. Two of the counts were in trover and sought to recover damages for the unlawful and wrongful conversion by the defendant to his own use of cotton, a. mule and some cattle. The other two1 counts of the complaint were in trespass, and sought to recover damages for the alleged wrongful taking by the defendant of cotton, a mule and some cattle, alleged to have been…
1Opinion of the CourtTyson, J.
The complaint contains four counts — two of them in trover and two in trespass. To support the counts in trover the right of property, general or special, and possession, or an immediate right of possession, must concur in the plaintiff at the time of the conversion. — Corbitt v. Reynolds, 68 Ala. 378; Elmore v. Simon, 67 Ala. 526; Booker v. Jones, 55 Ala. 266. So, too, in order to maintain trespass for the taking of personal property the plaintiff must show that he had at the time of the taking the actual possession of it or the right of immediate possession. — Cook v. Thornton, 109 Ala. 523.
2Cases cited10 opinions
- Booker v. JonesSupreme Court of Alabama · 1876
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
- Mackey v. ColeWisconsin Supreme Court · 1891
- Corbitt v. ReynoldsSupreme Court of Alabama · 1880
- Fields v. CopelandSupreme Court of Alabama · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Pinckard v. CasselsSupreme Court of Alabama · 1915
- Sullivan v. MillerSupreme Court of Alabama · 1932
- Jordan v. HendersonSupreme Court of Alabama · 1953
- South Carolina Cotton Growers' Co-Op. Ass'n v. WeilSupreme Court of Alabama · 1929
28 more not listed; retrieve them via the Exa API.