DeLacy v. Tillman
Supreme Court of Alabama
Appeal, from the Circuit Court of Russell. Tried before the Hon. J. M. Carmichael. This action was brought by William L. Tillman, against J. M. DeLacy, to recover damages for the conversion of a steam-engine; and was commenced on the 29th September, 1884. On the first trial, there was a verdict and judgment for the defendant; but the judgment was reversed by this court on appeal, and the cause was remanded. — Tillman v. DeLacy, 80 Ala. 103-07. The engine was put up by W. D.…
Read the full summary
Appeal, from the Circuit Court of Russell. Tried before the Hon. J. M. Carmichael. This action was brought by William L. Tillman, against J. M. DeLacy, to recover damages for the conversion of a steam-engine; and was commenced on the 29th September, 1884. On the first trial, there was a verdict and judgment for the defendant; but the judgment was reversed by this court on appeal, and the cause was remanded. — Tillman v. DeLacy, 80 Ala. 103-07. The engine was put up by W. D. Grace and E. S. Grace, in 1881, on a tract of land which they had bought from said W. L. Tillman, the plaintiff, and had…
1Opinion of the CourtClopton, J.
— On the former appeal (80 Ala. 103), we held, that the engine in controversy, not being connected with any substance constituting a part of the realty, being attached to the land only by its own weight, and being used only to furnish motive power to the gin, is to be considered, prima, facie, a chattel; and whether it lost its original character, and became a part of the realty, depended on the intention of the mortgagor; the onus being on the plaintiff to *158show intention to make it a permanent accession to the freehold, and an enhancement of its value; and that the inference of intention…
2Cases cited1 opinion
- Tillman v. De LacySupreme Court of Alabama · 1885
3Cited by4 opinions
- Drennen & Co. v. SmithSupreme Court of Alabama · 1896
- Alberson v. Elk Creek Mining Co.Oregon Supreme Court · 1901
- Darby & Co. v. KroellSupreme Court of Alabama · 1890
- Parker v. Blount CountySupreme Court of Alabama · 1906