Polytinsky v. Wilson

It is first contended that the court erred in permitting the original complaint, which was in detinue, to be amended by the addition of count A, which was a count in trover, claiming damages for the conversion of certain personal property described in a mortgage from Stephens and his wife to plaintiff. This contention is based upon the insistence that the statute of 1915 (Acts, p. 142), barred a recovery, unless suit was brought within three years. Such was the law at the time of the rendition of the decision in Chesser v. First National Bank of Red Level, 19 Ala. App. 54, 94 So. 786. But the…