Legal Opinion

Beall v. Folmar, Sons & Co.

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 18 opinions

ArrEAr, from the Circuit Court of Crenshaw. Tried before the Mon. John Tí. Tyson. This was an action of trover, brought by the appellant, J. W. Beall, against Janies Folmar Sons & Co., to recover damages for the alleged conversion of 20 bales of cotton. The defendants pleaded the general'issue and the following special ideas: “Second. That'the said property, for the conversion of Avhich this suit Avas brought, Avas neArer the property of the plaintiff. “Third.

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ArrEAr, from the Circuit Court of Crenshaw. Tried before the Mon. John Tí. Tyson. This was an action of trover, brought by the appellant, J. W. Beall, against Janies Folmar Sons & Co., to recover damages for the alleged conversion of 20 bales of cotton. The defendants pleaded the general'issue and the following special ideas: “Second. That'the said property, for the conversion of Avhich this suit Avas brought, Avas neArer the property of the plaintiff. “Third. That in the said property for the conversion of Avhich this suit Avas commenced the defendants hath a special property superior to the…

1Opinion of the CourtDowdell, J.

— The appellant, plaintiff in the court below, sued the defendants in trover for the conversion of twenty bales of cotton. The complaint is in the form given in the Code. The defendants for answer to the complaint pleaded three pleas, the first being the general issue, the second specially denied that plaintiff ever had any property in the cotton for the conversion of which the suit was brought, and the third averred a special property in the defendants to the cotton superior to any right therein of the plaintiff. The second and third pleas *419Avere demurred to by tlie plaintiff and tlie…

2Cases cited2 opinions

  1. Tidwell v. StateSupreme Court of Alabama · 1881
  2. Booker v. JonesSupreme Court of Alabama · 1876

3Cited by18 opinions

  1. Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
  2. Pinckard v. CasselsSupreme Court of Alabama · 1915
  3. Buchmann v. CallahanSupreme Court of Alabama · 1930
  4. Carter v. StateSupreme Court of Alabama · 1901
  5. Frazier v. StateCourt of Criminal Appeals of Alabama · 1972

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