Wilson v. Ratcliff
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by T. R. Ratcliff against W. W. Wilson in detinue for an undivided half interest in one bale of cotton, and the seed therefrom, and an undivided half interest in 600 pounds of seed cotton. The court permitted an amendment by allowing plaintiff to add a count in trover for the conversion of said cotton. Judgment for plaintiff and defendant appeals. Transferred from the Court of Appeals.
1Opinion of the Court
SAYRE, J.(1) There can be no doubt about the correctness of the court’s ruling in allowing the complaint in detinue to be amended by the addition of a count in trover. — Code, §§ 5329, 5367.
(2, 3) The verdict and judgment did not aptly respond to the count in detinue. They will be referred to the count in trover. Plaintiff and defendant were tenants in common of the bale of cotton in controversy. That plaintiff could not maintain detinue is conceded. Under the evidence found in the record defendant was entitled to the general charge on the trover count as well. Defendant’s act in warning…
2Cases cited2 opinions
- Allen v. HarperSupreme Court of Alabama · 1855
- Moore v. WalkerSupreme Court of Alabama · 1899
3Cited by6 opinions
- Roll v. DockerySupreme Court of Alabama · 1929
- Crawford v. MillsSupreme Court of Alabama · 1918
- Lisenby v. CappsSupreme Court of Alabama · 1917
- Wilson v. RatcliffAlabama Court of Appeals · 1918
- Polytinsky v. WilsonAlabama Court of Appeals · 1926
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