Ballenger v. Liberty National Life Insurance Co.

On Application for Rehearing

In view of the seeming earnestness of able counsel for appellee and the novelty of the question treated, we will respond to the application for rehearing.

The essence of our holding is: “A claim for conversion is a legal one cognizable at law, with the result that the defense of laches may not be applied”. Several out of state cases are cited in the rehearing brief which are thought to be contrary to this conclusion. A brief analysis of these cases will disclose that they are in no way controlling upon the question considered under the Alabama transfer statute.

The…