King v. Franklin
Supreme Court of Alabama
Afpeai, from Colbert. Circuit Court. Tried before. Hon. J. H. Nathan, Special Judge. Action of trover by Mattie Gray .Franklin against Claude King for the conversion of a mule. The mule, was purchased by Nathan Napier, father of plaintiff, from one Wouible in 1896, and lie executed to Womble a mortgage to secure the: purchase money.
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Afpeai, from Colbert. Circuit Court. Tried before. Hon. J. H. Nathan, Special Judge. Action of trover by Mattie Gray .Franklin against Claude King for the conversion of a mule. The mule, was purchased by Nathan Napier, father of plaintiff, from one Wouible in 1896, and lie executed to Womble a mortgage to secure the: purchase money. When the last payment ivas made on this mortgage, on November 7,1896, Womble endorsed on it as follows: “The above mortgage has been paid in full by the daughter, Mattie Gray Franklin, and has been transferred by me to her.” The mule remained in Napier’s…
1Opinion of the CourtDowdell, J.
— This was an action in trover for the conversion of a mule brought by the appellee against the appellant. In the course of the examination of the plaintiff as a witness in her own behalf, she was permitted to testify against the defendant’s objection “that when one Ricks, agent of the defendant, came after the mule, claiming the same under a mortgage given by plaintiff’s father, Nathan. Napier, to the defendant that her attorney advised her that the mule was her property and to object to anyone taking it but an officer of the law.” The question of a voluntary surrender of the mule by the…
2Cases cited4 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Glaze v. M'MillionSupreme Court of Alabama · 1838
- Strauss & Sons v. SchwalbSupreme Court of Alabama · 1894
3Cited by13 opinions
- Roan v. McCalebSupreme Court of Alabama · 1955
- Tankersley v. WebbSupreme Court of Alabama · 1955
- Roebuck Auto Sales, Inc. v. WallaceSupreme Court of Alabama · 1974
- McGill v. HolmanSupreme Court of Alabama · 1922
- Hodges v. WestmorelandSupreme Court of Alabama · 1923
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