Birmingham Fertilizer Co. v. Dozier

'The Birmingham Fertilizer Company brought an action in trover to recover from P. N. J. Dozier 39 promissory notes, described in an exhibit attached to the petition, and alleged to be of the value of $850. The defendant in his answer admitted having in his possession at the time of the service of the suit certain promissory notes of the form described in the plaintiff’s petition, but not all of them. In other words, the defendant contended that some of the notes described in the plaintiff’s petition had been delivered by him to the plaintiff prior to the suit. The defendant *760in his answer…