Lightman v. Boyd
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. 0.- Kyle. This was a statutory action of detinue, brought by the. appellee, P. S. Boyd, against the appellant, S. B. Lightman, to- recover the possession of a horse. The claims of the plaintiff and the defendant, respectively, and the facts of the ca.se are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Madison. Tried before the Hon. 0.- Kyle. This was a statutory action of detinue, brought by the. appellee, P. S. Boyd, against the appellant, S. B. Lightman, to- recover the possession of a horse. The claims of the plaintiff and the defendant, respectively, and the facts of the ca.se are sufficiently stated in the opinion. The defendant appeals from a judgment rendered in favor of the plaintiff, and assigns as error the refusal of the- court, to give the general affirmative charge requested by him. cited Cobbey’ on Be plevin, § 417 Note; Jackson v. ¡¿parks, 36…
1Opinion of the CourtHaralson, J.
— In Leigh v. M. & O. R. R. Co., 58 Ala., 165, where the general rule is stated, “that in the absence of authority, or of property, a sale or pledge of chattels, confers no- title, even when the person marking it. is in possession, and the person to whom it is made pays a valuable consideration, or advances money in good faith, and without notice of the right or title of the true owner,” it is said, there are cases recognized as exceptions to this rule, one of which is,—“where the owner, with the intention of sale, parts with the property, though under such circumstances of fraud as would…
2Cases cited2 opinions
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Moore & Co. v. RobinsonSupreme Court of Alabama · 1878
3Cited by2 opinions
- Illinois Automobile Ins. Exch. v. Southern Motor Sales Co.Supreme Court of Alabama · 1922
- McBride McMillian v. Kyle.Supreme Court of Alabama · 1922