Bird v. Womack
Supreme Court of Alabama
Appeal from Greene Circuit Court. Tried before lion. W. S. Mudd. This was an action of trespass, brought by Ann M. Womack against William P. Bird, to recover damages for the alleged wrongful taking by him of certain cotton, corn and cotton seed in the complaint described, and was commenced on the 1st of April, 1869. The defendant pleaded not guilty, and on issue joined on this plea the cause was tried, arid resulted in a verdict, and judgment for the plaintiff.
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Appeal from Greene Circuit Court. Tried before lion. W. S. Mudd. This was an action of trespass, brought by Ann M. Womack against William P. Bird, to recover damages for the alleged wrongful taking by him of certain cotton, corn and cotton seed in the complaint described, and was commenced on the 1st of April, 1869. The defendant pleaded not guilty, and on issue joined on this plea the cause was tried, arid resulted in a verdict, and judgment for the plaintiff. The evidence introduced on behalf of the plaintiff tended to-show the commission of the trespass by the defendant while he. was…
1Opinion of the CourtSomerville, J.
Where, in an action of trespass or trover, the property sued for has been returned to the possession of the owner, this fact is available to the defendant in mitigation of damages, but not in bar of the action. — Ewing v. Blount, 20 Ala. 694; 2 Greenl. Ev. § 635.
So where the defendant, in his own right, holds a mortgage or other lien of any kind on the property, he is entitled to have the amount so secured deducted by way of recoupment. — Sedgwick on Dam. 6th Ed. p. 600 (*482), and note (2). And it is also settled that where the property has been appropriated ,to the' plaintiff’s usé by Ms…
2Cases cited3 opinions
- Ewing v. BlountSupreme Court of Alabama · 1852
- Higgins v. WhitneyNew York Supreme Court · 1840
- Dallam v. FitlerSupreme Court of Pennsylvania · 1843
3Cited by5 opinions
- Street v. SinclairSupreme Court of Alabama · 1881
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Hood v. Com. Germania T. & S. Bank of New OrleansAlabama Court of Appeals · 1914
- Johnson v. PruittAlabama Court of Appeals · 1939
- W. Cleve Stokes Co. v. RushtonSupreme Court of Alabama · 1939