Grant v. Steiner
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. , This action was brought by Joseph Steiner, against John W. Grant, to recover damages for the conversion of two bales of cotton ; and was commenced on the 1st day of October, 1878. The defendant pleaded “ the general issue, in short by consent, with leave to give in evidence any matter that might be specially pleaded; to which the plaintiff replied, with like leave.”
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Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. , This action was brought by Joseph Steiner, against John W. Grant, to recover damages for the conversion of two bales of cotton ; and was commenced on the 1st day of October, 1878. The defendant pleaded “ the general issue, in short by consent, with leave to give in evidence any matter that might be specially pleaded; to which the plaintiff replied, with like leave.” It appeared from the evidence adduced on the trial, as set out in the bill of exceptions, that the cotton sued for was raised during the year 1878, on…
1Opinion of the CourtSomerville, J.
— Under the facts of .this case, as disclosed by the bill of exceptions, the mortgage made by the two Mlartins to Steiner did not convey to him the legal title to the two bales of cotton in controversy. Even if we concede the proposition, that the husband has the authority to mortgage or transfer the rents, income and profits of the wife’s statutory separate estate — a question not necessary to be here decided — the appellee only acquired the equitable, and not the legal title. The mortgage to Steiner was executed in January, 1878, upon a crop which was not then planted, but was to be planted…
2Cases cited4 opinions
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Booker v. JonesSupreme Court of Alabama · 1876
- Apperson & Co. v. W. E. & C. L. MooreSupreme Court of Arkansas · 1875
- Abraham v. CarterSupreme Court of Alabama · 1875
3Cited by21 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Collier v. FaulkSupreme Court of Alabama · 1881
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
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