Rhodes v. Lowry
Supreme Court of Alabama
Appeal from Circuit Court of Crenshaw. Tried before Hon. Philemoñ O. Harper. This was an action of trover by tbe appellee against G. W. Bbodes, for tbe conversion of about ninety bushels of corn.
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Appeal from Circuit Court of Crenshaw. Tried before Hon. Philemoñ O. Harper. This was an action of trover by tbe appellee against G. W. Bbodes, for tbe conversion of about ninety bushels of corn. On tbe trial, plaintiff was introduced as a witness, in ber own behalf, and testified that tbe corn alleged to have been converted was bers; that “Moody and Bhodes came to ber bouse and asked ber for tbe corn, and showed ber a paper, which, Moody said, was a mortgage made by ber and others; that she then denied having made any mortgage to Bhodes; that Moody replied that be bad come to take the corn…
1Opinion of the CourtManning, J.
The declarations of Plarrison Moody and Benjamin Bhodes, tending to show they were acting for, and claimed the corn in controversy as the property of defendant under a mortgage by plaintiff below and others to him, when they forcibly took it from plaintiff, were admissible or not as evidence against defendant, according as Moody and Bhodes were or were not his agents in that transaction. And, as testimony afterwards given tended to show very clearly that they were so, there was no error in the overruling of the objections to that evidence.
It was within the discretion of the court below to…
2Cases cited1 opinion
- Stewart v. RussellSupreme Court of Alabama · 1863
3Cited by10 opinions
- Shriner v. MeyerSupreme Court of Alabama · 1911
- Clark v. Taylor & Co.Supreme Court of Alabama · 1880
- Stillson v. StateIndiana Supreme Court · 1933
- Ward v. AtkinsonColorado Court of Appeals · 1912
- Boutwell v. Parker & Co.Supreme Court of Alabama · 1899
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