Hooper Motor Co. v. Harris

BOULDIN, Justice.

A minor is liable for his torts. When sued in detinue, minority is no excuse for the wrongful detention of the property of another. Oliver v. McClellan, 21 Ala. 675; Pritchett v. Fife, 8 Ala. App. 462, 62 So. 1001.

But, where the plaintiff claims title and right of possession through a chattel mortgage given by. the defendant, a minor, the defense of minority is available as in actions ex contractu. Such defense goes to the question of plaintiff’s title by contract, and hence to the issue of wrongful detention vel non.

While the trial court sustained a demurrer to the plea of…