Street v. Nelson
Supreme Court of Alabama
Trover, Appeal from Talladega Circuit Court. Tried before Hon. W. L. Whitlock. On January 25, 1876, E. B. Nelson brought this action against Andrew J. Street, claiming ten thousand dollars as damages for the conversion by tlie latter of certain mules, wagons, etc., and also 4,000 cords of wood and 50,000 bushels of coal.
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Trover, Appeal from Talladega Circuit Court. Tried before Hon. W. L. Whitlock. On January 25, 1876, E. B. Nelson brought this action against Andrew J. Street, claiming ten thousand dollars as damages for the conversion by tlie latter of certain mules, wagons, etc., and also 4,000 cords of wood and 50,000 bushels of coal. On the trial, by leave of the court, and against defendant’s objection, the complaint was amended by adding the name of S. C. Kelly as one of the plaintiffs, and by striking out all the property described in the complaint except the wood and the coal. Said Kelly testified…
1Opinion of the CourtStone, J.
— It was of prime importance in this case to prove a joint ownership in plaintiffs of the property charged-to have been converted by defendant. Ownership of personal property, as a rule, can be proved as a fact by oral testimony, without producing the documentary evidence which creates the title, unless the question of such transfer of title arises between the alleged parties to the conveyance. When that is the case, and the question of transfer vel non is the direct issue in the cause, then the highest and best evidence must be produced, or its absence accounted for.— Graham v. Lockhart, 8…
2Cases cited5 opinions
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Graham v. LockhartSupreme Court of Alabama · 1845
- Dixon v. BarclaySupreme Court of Alabama · 1853
- Cloud v. PattersonSupreme Court of Alabama · 1828
- Administrators of May v. MaySupreme Court of Alabama · 1834
3Cited by15 opinions
- Parker v. NewmanSupreme Court of Alabama · 1917
- Birmingham Mineral Railroad v. Tennessee Coal, Iron RailroadSupreme Court of Alabama · 1899
- Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
- Bulger v. RossSupreme Court of Alabama · 1893
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1897
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