Bush v. Garner
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. William E. Clarice. This was an action of trover, brought by Fanny W. Garner, wife of John H. Garner, jr., against John C. Bush, to recover damages for the alleged conversion of certain cotton by the defendant; and was commenced on 24th January, 1881. The complaint averred that the cotton belonged to the plaintiff as her statutory separate estate.
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Appeal from Mobile Circuit Court. Tried before Hon. William E. Clarice. This was an action of trover, brought by Fanny W. Garner, wife of John H. Garner, jr., against John C. Bush, to recover damages for the alleged conversion of certain cotton by the defendant; and was commenced on 24th January, 1881. The complaint averred that the cotton belonged to the plaintiff as her statutory separate estate. The cause was tried on issue joined on the plea of not guilty, the trial resulting in a verdict and judgment for the plaintiff. The cotton in question was raised in Mississippi during the year…
1Opinion of the CourtSomerville, J.
— The present action is one of trover, brought by the appellee, Garner, against the appellant, Bush, for certain cotton alleged to have been converted to the latter’s use. The title asserted to the cotton by the plaintiff was based on a written instrument, purporting to be a mortgage, executed by one Welch to plaintiff on January 8, 1878. There can be no question as to the operation of this instrument so far as affects the land, and other personal property, other than the crop of cotton, which it conveys. As to these, apt words of conveyance are used, sufficient to operate a conditional…
2Cases cited20 opinions
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Butt v. EllettSupreme Court of the United States · 1874
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
- Newlin, Fernley & Co. v. McAfeeSupreme Court of Alabama · 1879
- McCall v. JonesSupreme Court of Alabama · 1882
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3Cited by7 opinions
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